Law:

Section:

(a) Constitution of Pakistan (1973~--Art. 185(3)-Civil Procedure Code (V of 1908), O. VI, r. 17Amendment of pleadings Leave to appeal granted to examine whether in facts and circumstances of case plaintiff should have been permitted by High Court to amend plaint so as to convert a suit for declaration as to ownership of land into a suit for specific performance of contract of exchange involving suit land. (b) Civil Procedure Code (V of 1908) 0. VI, r. 17-Amendment of pleadings-Delay alone in applying for amendment or expiry of period of limitation or increase in court-fee and change of jurisdiction, held, would not be a ground for refusing amendment in plaint.-[Delay-Limitation]. (c) Civil Procedure Code (V of 1908) - - O. VI, r. 17-Amendment of pleadings-Mala fide-Objection raised from respondent that suit was not maintainable in present form and an issue was framed in that behalf-Said issue was decided by trial Court in favour of plaintiff on finding that relevant document did disclose in reality what plaintiff stated in plaint Plaintiff, held, could not be said to have acted in a male fide manner in not seeking amendment before trial Court-If plaintiff would have failed before trial Court on said issue and ha-1 filed appeal before Appellate Court, a question could have arisen as to why plaintiff did not at least ask for amendment of plaint as an alternative cause of action. (d) Civil Procedure Code (V of 1908) 0. VI, r. 17-Amendment of pleadings-Expression "at any stage of proceedings" used in O. VI, r. 17, C. P. C. not without significance-Word "proceedings" to be interpreted in a liberal manner so as to give a proper scope to rule in accordance with its purpose, as including appellate stage and that too up to the Supreme Court.[Interpretation of statutes]. (e) Civil Procedure Code (V of 1908) O. VI, r. 17-Amendment of pleadings-Expression "all such amendments shall be made as may be necessary for purpose of determining the real questions in controversy"-Mandatory in nature - Once Court decides that amendment is necessary for said purpose of determining real question, Court is required by law to not only to allow application made by a party in that behalf…

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