Law: Civil Procedure Code (V of 1908)

Section: 17

(a) Civil Procedure Code (V of 1908)--- ----O.VI, R.17---Amendment of pleadings---Scope---Appeal was directed against the order passed by Single Judge of High Court whereby an application for discarding the amended written statement was dismissed---Validity---Amendment in the plaint was allowed whereby the plaintiff was allowed to file amended plaint---In consequence of the amended plaint, an amended written statement was also filed which according to the plaintiff consisted of inconsistent pleas as compared to the earlier written statement, therefore, the plaintiff moved an application for discarding the written statement---Perusal of the written statement filed by the defendant showed that certain objections were raised, which undoubtedly went beyond the scope of the plaint in as much as the newly added party i.e. Province of Sindh had challenged the relationship of landlord and tenant besides raising other important jurisdictional issues---Issue of relationship had already been decided by the Rent Controller conclusively---Issues raised in the written statement filed by the Province of Sindh were alien to the matter pending before the Court---Proceedings which had already taken place including recording of the evidence of the plaintiff in presence of the then relevant party could not be just brushed aside in view of the newly filed written statement, which, if allowed to replace the earlier filed written statement, would necessitate de novo proceedings which would amount of abuse of process of law and court and thus it could not be allowed---Appeal was allowed and the impugned order was set aside. (b) Civil Procedure Code (V of 1908)--- ----O.VI, R. 17---Amendment of pleadings---Scope---Court under O.VI, R.17, C.P.C., is mandated to grant amendment of pleadings at any stage of the proceedings. JUDGMENT RASHIDA ASAD, J.---- This appeal is directed against the order dated 10th December 2013 passed on C.M.A. No. 7649/12, filed by the appellant in a Recovery Suit bearing No.1383/2008 (Islamic Education Trust v. Province of Sindh), whereby, the learned Single Judge of this Court was pleased to dismiss the said application, for discarding the written statement,…

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