Law: Code of Criminal Procedure, 1898

Section: VI

Law: Constitution of Pakistan, 1973

Section: 185(3)

Summary

The Supreme Court dismissed a petition for leave to appeal concerning the amendment of pleadings under Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC). The petitioner sought to amend a key factual assertion in the plaint after ten years of litigation, specifically regarding the location of an alleged oral agreement for the sale of property. The trial court denied the amendment, but the appellate court allowed it. The Lahore High Court reversed the appellate court’s decision, and the Supreme Court upheld the High Court’s order.

The Court reaffirmed that while courts have broad discretion to permit amendments to pleadings to resolve the real controversy between parties, this discretion must be exercised judiciously. Amendments that are unduly delayed, prejudicial to the opposing party, or intended to alter the nature of the case or overcome evidentiary weaknesses are generally not allowed. In this case, the amendment was sought after a decade of proceedings, without adequate explanation, and would have prejudiced the respondent by changing the factual matrix of the case. The Supreme Court found no merit in the petition and refused leave to appeal.

Core Points

Order VI Rule 17 CPC empowers courts to allow amendments in pleadings at any stage, but this power is not absolute and must be exercised with caution and in the interest of justice123.