Law: Azad Jammu and Kashmir Right of Prior Purchase Act, 1993

Section: 6

Law: Civil Procedure Code (V of 1908)

Section:

  Azad Jammu and Kashmir Right of Prior Purchase Act, (1993 B.K.)-- ----S. 6---Civil Procedure Code (V of 1908), O.VI, R.17---Adding new cause of action by way of amendment in plaint of pre-emption suit after expiry of period of limitation- --Validity---Court was empowered to allow either party to alter or amend his pleadings provided it was necessary for purpose of determining real question in controversy between parties---Amendment in pleadings, however, would not be allowed where effect of same was to convert character of suit-- Subject-matter of suit or cause of action ought not to be allowed to be substituted---Mere introduction of fresh matter would not alter nature of suit provided same would not work injustice to other side---Amendment would work injustice if it had resulted in taking away rights accrued by lapse of time-- Plaintiff, therefore, could not be allowed to add new cause of action if, by the time amendment was sought, it had become time-barred---In pre-emption suit no new ground could be added or substituted after prescribed limitation provided for filing of suit--.-Order in question allowing amendment in plaint after period of limitation, being not maintainable was set aside in circumstances. Civil Procedure Code (V of 1908)--- ----0. VI, R.17---Amendment in pleadings---Essentials---Amendment could be effected at any stage of proceedings if that was necessary for purpose of determining real question in controversy between parties, provided cause of action was not changed and delay alone in applying for amendment or expiry of period of limitation or increase in court-fee and change of jurisdiction, would not be ground for refusing amendment in pleading. 1992 SCR 190; PLD 1960 Kar. 581; PLD 198$ SC 345; Rulia Ram v. Ram Chander Das and others AIR 1933 Lah. 774(1); Shah Muhammad and others v. Hayat and others PLD 1960 (W.P.) Lah..975; Sardar Khan v. Ghulam Sarwar and others PLD 1982 Azad J&K 128; Raj Muhammad and others v. Munshi Khan and others PLD 1989 SC (AJ&K) 56 and PLD 1960 Kar. 581 ref. Manzoor Hussain for Petitioner. . Raja Hassan Akhtar for Respondents. ORDER This revision petition has been filed against the order of…