Law: Civil Procedure Code (V of 1908)

Section:  O. VI1, r. 17

Civil Procedure Code (V of 1908)  O. VI1, r. 17Plaint, amendment ofRespondent seeking amendment of Khata No. 536 as Khata No. 563 and praying to . record certain killa numbers in Khata No. 563 wrongly shown in Khata No. 557Such amendment neither affecting area nor any new killa numbers addedAmendment of plaint, held, rightly allowed in circumstances of case.[Plaint]. Date of hearing : 24th November, 1979.                                                                                                                            JUDGMENT This revision has been filed against 'the order of the learned Ad ditional District Judge, Muzaffargarh at D. G. Khan, dated the 21st of June 1977 by which be allowed the amendment in the plaint. 2. Briefly the facts of the case are that Suit No. 180 of 1975 was filed by Jehangir Alam, a minor, through his mother on the Z5th of June, 1973 for perempting subjectmatter of two sales dated Ist of November, 1973 and 17th April, 1973 which had been occasioned in pursuance to the judgment and decree of the learned District Judge, D. G. Khan dated 24th of June, 1972. The petitioner filed an appeal and tried to build up a case for partial preemption as certain numbers were not included in the suit which formed part of one of the khatas. This application was accepted on the 24th of April, 1977. 3. The learned counsel for the petitioner has argued that by allowing the impugned amendment the learned Additional District Judge has taken away a valuable right which had accrued to the petitioner on account of carelessness and negligence of the respondent as the numbers omitted from the khata made out clearly a case of partial preemption. 4. The learned counsel for the respondent on the other hand has argued that the argument of the learned counsel for the petitioner is wholly misconceived. In the plaint the suit land was recorded in…