Law: Civil Procedure Code (V of 1908)

Section: O. VI, r. 17

(a) Civil Procedure Code (V of 1908), S. II, Explanation 4 Res judicata-Plea of adverse possession not open at time of bring ing earlier suit-Such plea sought to be raised in defence in written statement-Held, not hit by constructive res judicata. Fazal Rahman v. Rahim Gul and others P L D 1965 Pesh. 223; Badridas Lalochand Mahesri Bani and another v. Raja Pratapgir Naraingirji and another A I R 1940 Nag. 8; Muhammad Fakirullah Mia v. Bimalandra Nath Mitra and others P L D 1961 Dacca 254 and Naimat Bi and others v. Jehan Khan and others P L D 1956 Lah. 282 ref. (b) Civil Procedure Code (V of 1908), O. VI, r. 17-Written statement-Amendment of-Scope of discretionary powers conferred on Court under O. VI, r. 17. The language of the provision contained in Order VI, rule 17, C. P. C., relating to the written-statement of pleadings, clearly indicates that in contradistinction to the corresponding provision contained in section 53 of the old Code, the scope of the discre tionary powers, now conferred on the Court, has been consider ably widened for the obvious reason of facilitating administration of substantial justice to the parties, and avoiding multiplicity of litigation subject of course to the limitation that it i should not cause an injustice to the opposite-party as consistently held in a chain of judicial pronouncements. (c) Civil Procedure Code (V of 1908), O. VII, r. 17-Applica tion for amendment of pleadings - Contention raised relating essentially to merits of case-To be left for determination by trial Court. (d) Civil Procedure Code (V of 1908), O. VI, r. 17-Amend ment of pleadings-Provision of O. VI, r. 17 to be liberally cons trued-Plea of adverse possession taken as a defence in suit for possession-Not something unusual or extraordinary as amounting to setting up a new case or cause prejudice or injustice to opposite party-No serious objection, held, could be taken to grant of application for amending written statement in circumstances of case. Fazal Rahman v. Rahim Gul and others P L D 1965 Pesh. 223 rel. Muhammad Fakirullah Mia v. Bimalendra Nath Maitha and others P L D 1961 Dacca 254; Charan Das and others v. Amir Khan and others A I R 1921 P C 50…