Law: Civil Procedure Code (V of 1908)

Section: 17

  Civil Procedure Code (V of 1908)--- ----O.VI, R. 17----Amendment of plaint----Where special circumstances, justifying amendment in plaint existed, amendment in plaint could be allowed notwithstanding lapse of time between filing of suit and filing of amendment application and fact that a fresh suit by plaintiff would be barred by limitation  No new cause of action having been sought to be set up by plaintiff/applicant through amendment sought for by him in plaint, amendment in plaint, could be allowed. Keramat Ali and another v. Muhammad Younus Haji and others PLD 1963 SC 191; Bashir Ahmad Khan v. Qaiser Ali Khan PLD 1973 SC 507; Mst. Ghulam Bibi v. Sarsa Khan PLD 1985 SC 345; Mst. Nawab Jehan Begum v. Dr. Imdad Ali 1989 SCMR 1798 and National Shipping Corporation v. M/s. A.R. Muhammad Siddiq and another 1974 SCMR 131 ref. Sayyed A. Shaikh for Plaintiff. Muhammad Ali Sayeed for Defendant. Date of hearing: 8th March, 1992. ORDER By a short order dated the 8th March 1992 I had allowed the plaintiff's application (CMA. 1628/91) under Order 6, Rule 17, C.P.C. for amendment of the plaint. The following are the reasons for that order:   The plaintiffs claim in this suit arises, briefly stated, in the following circumstances. A company called Rahmania Fauji Sugar Mills Ltd. was promoted by defendant in collaboration with, and with financial assistance from the Directorate, Welfare and Rehabilitations, General Headquarters, Pakistan Army. By M.L.R.No. 103, the company was dissolved on the 31st December, 1971 and its rights, liabilities, etc., were transferred to Fauji Foundation. In pursuance of para. 2 of M.L.R. 103, the President and Chief Martial Law Administrator issued Order No. 22 of 1971 thereby providing, inter alia, that Fauji Foundation shall be the sole owner of the company and shall pay compensation to shareholders. The Order further provided that nothing contained therein shall preclude Fauji Foundation from taking action for recovery of moneys of the company misapplied, lost or misappropriated against any director, managing agent or officer of the company responsible for such misapplication, loss or misappropriation. It is the case of…