Law: Civil Procedure Code (V of 1908)

Section: 17,18

(a) Civil Procedure Code (V of 1908)--- ----O. VI, Rr. 17 18---Suit for declaration and permanent injunction---Amendment of plaint---Plaintiff moved application for amendment of plaint which was dismissed by the Trial Court but Appellate Court accepted the same---Appellate Court directed the plaintiff to submit amended plaint in the Trial Court on the next date of hearing---Plaintiff failed to submit amended plaint and his right to submit amended plaint was struck off---Validity---Plaintiff was bound to file amended plaint on the next date of hearing in the Trial Court fixed by the Appellate Court while allowing his petition---Provision of O.VI, R.18, C.P.C. was mandatory in nature---Plaintiff had violated the said provisions of law by not filing amended plaint in the Trial Court---Where appellate or revisional Court had allowed amendment then Trial Court could not extend the time for filing of amended plaint---Writ petition was dismissed, in circumstances. (b) Administration of justice--- ----Law favours the vigilant, not the indolent. THIS JUDGMENT DELIVERED BY: ALI BAIG, J:---.--- Through this writ petition, filed under Article 71(2) of Gilgit-Baltistan (Empowerment and Self Governance) Order, 2009, the petitioner/plaintiff has assailed the impugned judgment/order dated 05-07-2018 passed by the learned Additional District Judge Gilgit, whereby, the learned Additional District Judge Gilgit has dismissed the Civil Revision Petition (C.Rev. No. 21/2018) filed by the present petitioner by maintaining the order dated 18-05-2018 passed by the learned Civil Judge 1st Class Gilgit. 2. Succinctly, facts giving rise to the filing of the instant writ petition are that the present petitioner/plaintiff (hereafter referred as petitioner) instituted suit (Civil Suit No. 144/2016) in the trial court for declaration and permanent injunction regarding certain landed property, situated at Mohammad Abad, Tehsil Danyore, District Gilgit, against the present respondents/defendants (hereafter referred as respondents). 3. The respondents contested the suit by filing their joint written statement in the trial court on legal and factual grounds. Out of divergent pleadings of the…

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