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Constitution of Pakistan (1973)-----Art. 185(3)--Civil Procedure Code (V of 1908), O. VI, r. 17-­Amendment of pleadings at revisional stage--Suit for rendition of accounts dismissed as not maintainable--Appeal failed--Application seeking amendment of plaint at revisional stage so as to convert claim from rendition of account to one for payment of money, disallowed--Finding of High Court that petitioner was virtually attempting to set up a new case and that too after an inordinate delay upheld--Impugned order being unexceptionable, leave to appeal refused. Muhammad Ilyas Khan, Advocate Supreme Court instructed by Ch. M.Z. Khalil, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 20th November, 1985. ORDER S.A. NUSRAT, J.--This petition arises out of suit proceedings which the petitioner had instituted for rendition of accounts against the respondent. On the pleadings of the parties a preliminary issue was framed by the trial Court "as to whether the suit was not maintainable in the present form". The learned trial Court, therefore, found it unnecessary to go into the evidence and dismissed the suit on the ground of its non-maintainability. The said judgment was challenged in appeal before the learned Additional District Judge which was dismissed on 17-3-1977. The matter was thereupon taken up…

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