Law:

Section:

Civil Procedure Code (V of 1908)---- O. VI, r. 17-Plaint, amendment of-Plaint, held, cannot be allowed to be amended at a late stage particularly when amend­ment sought likely to change whole complexion of case on which suit earlier filed and tried. ORDER KARAM ELAHBEE CHAUHAN, J.-Shabsawar (deceased) (now represented by his legal representative) (hereinafter called the plaintiffs) filed a suit for possession of 11/16 share in the land described in the plaint and also share in the compensation amount of Rs. 58,000 which had been received by Syed Najamul Hassan defendant /respondent for compulsory acquisition of a part of this land by CDA/CVD. The entitlement for the above claim was based on the ground that the plaintiffs were entitled to share in the inheritance of the various propositus mentioned therein. 2. The suit was dismissed by the learned Civil Judge on 6th March, 1971, on the ground the relevant successions in this case were to be governed by Shia Law, whereunder in the presence of daughter of Ahmad Shah the plaintiffs who were far more "distant kindred" had no right to succeed. 3. The plaintiffs/petitioners filed an appeal which came up for adjudication before the learned Additional District Judge, Rawalpindi. Probably feeling difficulty in crossing the finding aforesaid of the learned Civil Judge, the plaintiffs/petitioners filed an application before the learned Additional District Judge for amendment of their plaint under Order VI, rule 17 read with section 107 C. P. C. seeking permission try to now plead that Mst. Janat Bibi was not the daughter of Ahmad Shah. The learned Additional District Judge allowed that amendment by a short order dated 24th April, 1973 and consequently accepted the appeal, set side the order of the learned trial Court and remanded the suit to him for fresh trial in accordance with law and in the light of the aforesaid amendment and new factual pleadings. 4. The defendants/respondents filed an appeal being F.A.O. No. 103/173 which brought fruit and was accepted by the High Court on 26th February, 1980, on the ground that amendment at such a late stage of the case was not called for particularly when it was likely to change…

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