Law: Civil Procedure Code (Amendment) Ordinance, 1980

Section: 17,115

Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)-----O. VI, R. 17 S. 115--Constitution of Pakistan (1973), Art.185 (3)--Application for amendment of written statement, refusal of-­Dispute over ownership of house--Trial Court as well as First Appellate Court finding that disputed house was in fact owned by predecessor-interest of respondents--High Court in revisional jurisdiction declining to interfere with concurrent finding of subordinate Courts-­Petitioner unable to show that said findings suffered from any infirmitys making an application before Trial Court for amendment of written statement in order to take up plea of adverse possession at a stage when evidence of parties had been recorded and case fixed for arguments and amendment, if allowed would have entailed further recording of evidence--No explanation offered for not taking up said plea at initial stage of trial--Order of Trial Court rejecting application, held, could not be interfered with in circumstance of case--Petition for leave to appeal dismissed. ORDER SAAD SAOOD JAN, J.- The main controversy between the parties turned round the question whether the house in dispute was ,owned by Akbar Ali Shah, predecessor-in-interest of the respondents the Trial Court as well as the first appellate Court examined the entire evidence and found that this was…

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