Law: Civil Procedure Code (V of 1908)

Section: 17,3,4,5

(a) Civil Procedure Code (V of 1908)--- ----O.VI, R.17 O. VIII, Rr. 3, 4 5---Suit for declaration---Gift deed---Evasive denial---Effect---Appeal---Petition for amendment of written statement---Suit was decreed against which appeal was filed wherein defendants moved application for amendment of written statement which was dismissed---Validity---Court while deciding application for amendment of pleadings was to keep in view the interest of justice and allow the case to run on correct lines for decision of real controversy---Amendment in the pleadings could be allowed at any stage of proceedings for determining the real question of controversy between the parties---Proposed amendment in the pleadings should not alter the nature of the same---Alleged amendment should not be tainted with dishonest purpose and to build a new case or prejudice the case of adversary---Defendants in their written statement had not controverted the allegations levelled by the plaintiffs with substance rather evasively denied---If any allegation had not been denied specifically then it would be considered to be admitted---Plaintiffs had led affirmative evidence to shift the onus to the beneficiary of impugned gift deed---Defendants had produced only one witness to prove alleged gift deed in their favour---Defendants through proposed amendment intended to reopen the case by leading evidence afresh---Intention of defendants behind proposed amendment was to cover the lacunas left by them during trial, which could not be permitted---Defendants had produced meager, weak and poor evidence and vested right in favour of plaintiff had accrued---Permission to amend written statement would definitely cause prejudice to the plaintiffs, in circumstances---Revision was dismissed in limine. Munir Ahmad and 7 others v. Additonal District Judge, Kasur PLD 2001 Lah. 149; Ahmed Jamil Ansari v. Messrs Al-Hoqani Securities and Investment Corporation (Pvt.) Limited 2008 CLC 946; Hafiz Muhammad Jaffar v. Muhammad Ameer and 6 others 2011 CLC 1556; Mst. Ghulam Bibi and others v. Sarsa Khan and others PLD 1985 SC 345; Ahsan Kausar and others v. Ahmad Zaman Khan 1986 SCMR 1799; Pehlwan and others v. Ali Ahmad 2005…

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