Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.17,S.153

Civil Procedure Code (V of 1908)--- ----O. VI, R. 17 & S. 153---Amendment of pleadings---Scope---Plaintiffs-petitioners moved application for amendment in the plaint but same was dismissed---Validity---Plaintiffs had sought minor amendment in the plaint on the basis of original cause of action---Court could allow amendment at any stage of proceedings for fair and just decision of the case---Technicalities were to be avoided while deciding the matter---If proposed amendment was to be allowed then neither nature of suit was to be changed nor fresh cause of action would be introduced---If there was any defect or error in the proceeding in a suit then same could be amended at any time---Impugned order passed by the Trial Court was set aside and application for amendment of plaint was allowed---Revision was accepted in circumstances. PLD 1991 SC 374 rel. THIS JUDGMENT DELIVERED BY: ALI BAIG, J.--- This civil revision petition has been preferred by the petitioners against the impugned judgment/order dated 10.12.2015 passed by the learned Civil Judge 1st Class No.1 Gilgit whereby the learned trial court has dismissed the application of the petitioners/ plaintiffs filed under Order VI, Rule 17, C.P.C. for amendment in the plaint. 2. Brief facts of the case leading to the filing of this revision petition are that the present petitioners/plaintiffs instituted a suit of recovery for Rs.20,23,500/- against the respondents/defendants in the trial court. 3. The present respondents being defendants in the suit contested the suit by way of filing of written statement in the trial court. 4. During pendency of suit the present petitioners/plaintiffs filed an application under Order VI rule 17 C.P.C. for some amendments in the plaint. The respondents/defendants contested the aforesaid application by filing replication. The learned trial court after hearing arguments on behalf of both the parties has dismissed the petition of the petitioners filed under Order VI, Rule 17, C.P.C. Hence this revision petition. 5. The learned counsel appearing on behalf the petitioners/plaintiffs contended that the impugned order/judgment passed by the learned trial court is contrary to law and…

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