Law: Civil Procedure Code (V of 1908)

Section: 17

Civil Procedure Code (V of 1908)--- ----0. VI, R.17---Amendment of pleadings---Application of appellant for amendment of plaint was rejected---Paragraph sought to be added in plaint related to land which was not in dispute---Amendment could be allowed only if it was necessary for determining real question in controversy or if it was otherwise necessary to meet the ends of justice. Ch. Muhammad Ibrahim Zia, Advocate for Petitioner Sardar Rafique Mahmood Khan, Advocate for Respondent No. 1. Date of hearing: 8th July, 1997 ORDER The petitioner filed a suit on 17th, October 1987 and moved an application for amendment on 8th of April, 1996. The application was dismissed and the revision taken to the High Court met similar fate. The petitioner now seeks leave to appeal. On 31st of January, 1987 a sale-deed was executed by respondents Muhammad Suleman and Muhammad Akram in favour of respondent Muhammad Shafi Butt whereby a piece of land measuring 11 Marlas in Survey numbers 148 and 1480/32 was transferred. This sale-deed was challenged by the petitioner Hashmatullah by promptly filing a suit in which he averred that the land transferred to Muhammad Shafi Butt was not in possession of Muhammad Suleman and Muhammad Akram and they could not legally transfer the land in dispute to anybody. It was also averred in the plaint that the petitioner had become owner of the land in dispute due to his adverse possession   spreading over a period of more than fifty years. Through the amendment application the petitioner seeks to add a new paragraph of which the substance is that the sale deed of 31st of January, 1987 was in respect of land under Survey number 24 while attempt was being made to…