Law: Civil Procedure Code (V of 1908)

Section: VI

JUDGMENT   ABDUL HAMID KHAN, J.---- This is a revision petition against the order of Sub-Judge, Muzaffarabad dated the 24th June 1957, whereby it was held that the amended suit was not time barred. In this case, the suit had once been dismissed by the Sub-Judge on the 24th December 1955. On appeal, the learned District Judge by order dated the 5th January 1957, remanded the case with the direction that the suit be amended and Muhammad Roshar should be impleaded as defendant in the case on payment of Rs. 25 as costs. No time had been fixed for amendment. The plaintiff presented the amended plaint in the Court of Sub-Judge on the 9th April 1957. An objection was raised by the defendants that according to Order VI, rule 18, Civil P. C., amended plaint should have been filed in the Court within 14 days of the order and as it was not done, the amendment should not have been allowed.   The learned Sub-Judge over-ruled this objection and one of the reasons for over-ruling the objection of the defendant petitioners was that they had accepted the costs in the case and had thus waived their right to object. Another reason advanced by the Sub-Judge was that the Court was competent to extend the time.   PLD 1958 Azad J The learned Counsel for the petitioners has argued firstly that the amendment of the plaint was ordered by the District judge and it was only he who was competent to extend time, secondly that as no time limit had been fixed by the District Judge while ordering amendment of the plaint, the question of extending time did not arise and thirdly that by accepting costs the right of objection had not been waived by the petitioners (defendants).   As regards the first point, it is to be seen as to who ordered the amendment, the District judge or Sub-Judge and what is the nature of amendment. The actual words in the judgment of District judge are "the record of the case is sent back to the lower Court for fresh enquiry from the very beginning with the direction that the plaintiff may be ordered to amend the plaint and implead Muhammad Roshar, as defendant and then decide the case (after the amendment) according to law, the plaintiff shall…