| Citation(s) |
|---|
| 2026 SLG 97 2026 SLD 97 = 2025 LHC 488 |
W.P.No.15171 of 2022
PRESENT; (Syed Ahsan Raza Kazmi) Judge
Date of Hearing 24.02.2025 Petitioner by: Ch.Khadim Hussain, Advocate.
Respondents No.3(a and b) by: Mr.Zahid Mehmood Chaudhry, Advocate
Iqbal Ahmad
VS
. Additional District Judge etc.
Law: Code Of Civil Procedure, 1908.
Section: 199
Law: Constitution of Pakistan, 1973
Section: 17
SUMMARY
The petitioner invoked constitutional jurisdiction under Article 199 of the Constitution to challenge concurrent orders of the Trial Court and Revisional Court whereby his application for amendment of plaint under Order VI Rule 17 CPC was only partially allowed. The proposed amendments sought to challenge an inheritance mutation and a revenue order passed in 2017, despite the petitioner’s admitted prior knowledge thereof at the time of filing the suit for specific performance. The High Court held that the proposed amendments would introduce a new and inconsistent cause of action, revive concluded transactions, prejudice accrued rights of the respondents, and were mala fide. Finding no illegality, perversity, or jurisdictional defect in the impugned orders, the writ petition was dismissed.
TAG LINE
“Amendment of pleadings cannot be permitted to revive closed transactions or introduce a new cause of action known at the time of instituting the suit.â€
ORDER;