Law:

Section:

(a) Civil Procedure Code (V of 1908)- __- O. I, r. 10-Addition of parties to suit-Contention that amendment having been allowed without objection by counsel for defendant on payment of costs, no exception could be taken to order-There being no proof as to costs having been paid and received and counsel at relevant time having been representing H and L his statement could not bind R-Authority cited by petitioner's counsel that once amend­ment allowed on payment of costs and costs received party concerned stood estopped to challenge amendment, held, not applicable. [Sultan alias Sultan Ahmad v. Mehr Nawazish Ali and another 1971 S C M R 185 held not applicable].-[Plaint]. Sultan alias Sultan Ahmad v. Vehr Nawazish All and another 1971 S C M R 185 held not applicable. (b) Civil Procedure Code (V of 1908)­ -------Ss. 96, 100 & 115-Appeal-Revisions-Scope of appeal-Different from that of revision-Order of trial Court neither outside jurisdiction vesting in him nor suffering from any illegality or material irregularity to attract revisional jurisdiction under S. 115-Trial Court exercising jurisdiction vested in him-Interference in revisional jurisdiction in circumstances held, not called for.-[Appeal (civil)-Revision (civil)]. (c) Civil Procedure Code (V of 1908)- - O. I, r. 10-Limitation Act (IX of 1908), S. 22(1)-Amendment of plaint-Limitation-Parties entering into agreement about entire land hence no mistake about identity of property-Wrong description creeping into plaint not because of a mistake of any kind on part of plaintiff applicant but because of a mistake on part of a public func­tionary-Mistake of copying branch-Cannot be allowed to affect decision on merits-Court under duty in such situations to undo wrong-Defendant being brought to Court after expiry of period of limitation without any mistake on his part-Met by consideration of plaintiff also being without mistake and not to be kept out of Court either-Both parties as such at par-Mistake of third party-To affect none of parties to suit-Intention and bona fide action-Both stand satisfied in case in hand-Order of District Judge reversing order of trial Court allowing application for amendment for…

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