Law: Civil Procedure Code (V of 1908)

Section: S.151,O.VI,XXXIX,R.1,2,17

Civil Procedure Code (V of 1908) --- ----O. VI, R. 17---Amendment of plaint---Scope---Plaintiff moved application for amendment of plaint but same was dismissed---Validity---Plaintiff had failed to mention that as to in which paragraph of the plaint the proposed amendment was to be made---Application for amendment of plaint was silent with regard to word/paragraph to be deleted after adding/inserting proposed amendment---Petition moved by the plaintiff for amendment of plaint was vague, defective and was not sustainable in the eye of law---Admission or denial in the plaint or written statement could not be allowed to be amended---Impugned order passed by the Court below was in accordance with law---Revision was dismissed, in circumstances. THIS JUDGMENT DELIVERED BY: ALI BAIG, J.--- Through the instant civil revision petition filed under section 115 read with section 151, C.P.C., the petitioner/plaintiff has challenged the impugned judgment/order dated 27.11.2018, passed by the learned Additional District Judge Gilgit, whereby the learned 1st appellate court has dismissed the application filed by the petitioner/ plaintiff under Order VI, Rule 17, C.P.C. for amendment in the plaint. 2. Brief facts leading to the filing of the instant civil revision petition are that the present petitioner/plaintiff instituted a suit for declaration and possession of suit land fully described in the head note of plaint against the present respondent/defendant in the learned trial court. 3. Along with the plaint, the petitioner/plaintiff had also filed an application under Order XXXIX, Rules 1 and 2, C.P.C. for grant of temporary injunction in the trial court. The learned trial court after hearing arguments on the aforesaid application on behalf of both the parties has dismissed the application of the present petitioner/plaintiff filed Order XXXIX, Rules 1 and 2 C.P.C. for grant of temporary injunction vide judgment/order dated 28-4-2018. 4. The aforesaid judgment/order passed by the learned trial court was challenged in the court of the learned Additional District Judge Gilgit through civil 1st appeal. During pendency of civil 1st appeal the present petitioner/plaintiff filed an…

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