Law: Civil Procedure Code (V of 1908)

Section: 17,10

(a) Civil Procedure Code (V of 1908)--- ----O.VI, R.17 O.I, R.10---Pleadings---Amendment in---Court may strike out or add parties---Scope filed suit for specific performance, defendant during pendency of the suit transferred the suit property in favour of others, subsequent purchasers were impleaded as parties in the suit on their application under O.I, R.10, C.P.C. and the petitioner filed application under O.VI, R.17, C.P.C. for amendment to the extent of cancellation of mutations in favour of subsequent purchasers, which was concurrently dismissed---Validity---Sub-rule (4) of O.I, R.10, C.P.C., provided that where a defendant was added, the plaint would, unless the court otherwise directed, be amended in such manner as might be necessary---Once the application of subsequent purchasers was granted and they were allowed to be impleaded as defendants, the petitioner was legally entitled to seek permission for amendment in the plaint to challenge the validity of transactions during the suit---Revision petition was allowed, impugned order was set aside and the application under O.VI, R.17, C.P.C. was accepted. (b) Civil Procedure Code (V of 1908)--- ----O.VI, R.17---Pleadings---Amendment in---Scope---Order VI, Rule 17, C.P.C., contemplates that the court may at any stage of the proceedings allow the parties to alter or amend the pleadings in such manner as may be just and all amendments which may be necessary for the purpose of determining the real question in controversy between them---Application under O.VI, R.17, C.P.C., can be entertained and allowed at any stage of the proceedings if the same is necessary for effective decision thereof. (c) Civil Procedure Code (V of 1908)--- ----O.VI, R.17---Pleadings---Amendment in---Expiry of limitation period---Scope---Delay in praying for amendment or expiry of period of limitation is not a ground to refuse amendment in the plaint and all such amendments which are necessary for the determination of the real question in controversy can be made. Mst. Ghulam Bibi and others v. Sarsa Khan and others PLD 1985 SC 345 rel. (d) Civil Procedure Code (V of 1908)--- ----O.I, R.10---Court may strike out or add…

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