Law: Civil Procedure Code (V of 1908)

Section: Order VI, Rule 17

  Summary of the Judgment; The Federal Constitutional Court of Pakistan allowed the appeal and set aside the Peshawar High Court's judgment, holding that the plaintiffs could not amend their plaint after the completion of trial to introduce a new and independent cause of action. Core Points The plaintiffs had originally filed a declaration suit challenging a Dastbardarnama executed by two sisters in favour of their brother. After both parties had completed their evidence, the plaintiffs sought to amend the plaint to challenge a registered Sale Deed of 09.08.1957, claiming they had discovered it only in February 2023. The Trial Court and the Revisional Court rejected the amendment application. The Peshawar High Court allowed the amendment in constitutional jurisdiction. The Federal Constitutional Court held that the High Court erred because it failed to identify any jurisdictional defect, illegality, material irregularity, or misreading of evidence in the orders of the subordinate courts before interfering. Principles Laid Down Order VI Rule 17 CPC gives courts discretion to permit amendment of pleadings at any stage, but the discretion must be exercised judicially. Amendment should not be allowed where it: fundamentally changes the nature of the suit; introduces a new or independent cause of action; withdraws or contradicts earlier admissions; is mala fide; seeks to fill gaps in evidence or overcome weaknesses in the case; causes serious prejudice to the opposite party. A belated amendment after completion of evidence requires strict scrutiny and will ordinarily be refused if it changes the scope of the litigation. Where the applicant has an independent remedy by filing a separate suit, amendment should generally not be permitted. In constitutional jurisdiction, the High Court cannot substitute its own discretion for that of the subordinate courts unless their orders suffer from jurisdictional error, illegality, material irregularity, or patent misreading/non-reading of the record. Holding Leave to appeal was granted. The petition was converted into an appeal. Appeal allowed. The judgment of the Peshawar High Court dated 21.10.2024 was set aside. The…