Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)--O.VI, R.17 & OXXIII, R.1--Supreme Court Rules, 1980, OXXXIII, R.5-­Constitution of Pakistan k1973),-Art.185(3)--Amendment of pleadings--Power of Court to allow--Scope--Withdrawal of suit with permission to file fresh suit on same cause of action, allowed by High Court at revisional stage--Order impugned--Grounds submitted for withdrawal of suit were such that defects could be remedied by allowing amendment of plaint--Amendment of plaint could be allowed at any stage of proceeding--In order to do complete justice all the impugned s and orders were set aside and case was remanded to Trial Court with permission to respondents to amend the plaint so as to clearly state the jurisdictional facts and remove other formal defects. Gurprit Singh and another v. Punjab Government A I R 1946 Lah. 429 rel. Syed Muhammad Ayub Bukhari; Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Appellants. Malik Muhammad Jaffar, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Record (absent) for Respondents. Date of hearing: 28th November, 1988. JUDGMENT NAIMUDDIN, J: -Muhammad Akram Khan, Muhammad Aslam Khan and Ansar Khan respondents 1 to 3 (hereinafter called the respondents) filed a suit being No.250 of 1983 against Muhammad Akram and 19 others (hereinafter called the appellants) for possession through partition claiming 18 marlas of land as their share out of khasra No.524 situated within the revenue estate of Adil Zai, Tehsil and District Attock, in the Court of Senior Civil Judge, Attock. In the plant it was averred that the appellants as well as respondents were joint owners of the land and that same had merged in the Abadi of village Adil Zai resulting in the enhancement of its value and that the respondents having a share of 18 marlas in the khasra had built a house upon a piece of land measuring 2/3 kanals. It is stated in the plaint that the respondents had filed a suit for permanent injunction from raising construction but the same was withdrawn and the fresh suit for possession through partition is filed. In the written statement filed by the appellants they objected to the jurisdiction of the Civil Court…

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