Law: Civil Procedure Code (V of 1908)

Section: 17

(a) Civil Procedure Code (V of 1908)--- ----O. VI, R. 17---Amendment of the pleadings---Scopes/defendants contended that the Appellate Court had wrongly reversed the order of dismissal passed by Trail Court on application of respondents (plaintiffs) filed under O.VI, R. 17 of Civil Procedure Code, 1908---Held, that if the proposed amendments, in the present case, were to be allowed, neither complexion of suit would be changed nor a new cause of action would be introduced, rather the said amendment in the plaint would help to arrive at a correct and just conclusion---Constitutional petition was dismissed. (b) Civil Procedure Code (V of 1908)--- ----O. VI, R. 17---Amendment of the pleadings ---Stage of case at which amendment of pleadings could be sought--- Scope--- Petitioners/defendants contended that the Appellate Court had wrongly reversed the order of dismissal passed by Trail Court on application of respondents (plaintiffs) filed under O.VI, R.17 of Civil Procedure Code, 1908---Held, that a party was at liberty to apply for amendment of the pleadings which could be allowed by the Trial Court, or the Appellate/revisional Court, or second Appellate Court and even by the Supreme Court, if the same was necessary for arriving at correct decision and determination of real controversy between the parties. JUDGMENT ALI BAIG, J.--- Through the instant writ petition filed under Article 86(2) of Government of Gilgit-Baltistan Order, 2018 read with enabling articles of Constitution of Islamic Republic of Pakistan, 1973, the petitioners have challenged the impugned judgment/order dated 05.04.2019 passed by the learned Additional District Judge Gilgit whereby the learned Additional District Judge Gilgit has allowed revision petition filed by the respondents/plaintiffs by setting aside the judgment/order dated 22.10.2018 passed by the learned trial court whereby the learned trial court had dismissed an application filed under Order VI, Rule 17, C.P.C. for amendment in the plaint. 2. Relevant facts necessary for disposal of the instant writ petition are that present respondents/plaintiffs (herein after called as respondents) instituted a suit for partition of disputed…

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