Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.VI, R. 17---Duty of Court----Amendment of plaint---Court while deciding a case, could take into consideration subsequent events which might have come into existence after the institution of suit or at the application stage---Court should ordinarily require party concerned to amend its pleading but if facts needed to be introduced by amendment did not necessitate investigation or same were admitted by opposite-party or could be easily resolved by the material on record, Court need not require amendment of plaint; relief could be given to party concerned without any amendment. Muhammad Ashraf v. Muhammad Khan P L D 1983 SC (AJ&K) 181 and Murad Bakhsh v. Abdul Ghafoor 1980 C L C 1274 ref. Ramcharan Tulsiram v. Murlidhar Ramchandra A I R 1954 M.B. 193; Lachmeshwar Prasad Shukul v. Keshwar Lal Chaudhuri A I R 1941 FC 5; Lakshmi Ammal v. Narayanaswami Naicker AIR 1950 Mad. 321; Khisro Nawaz v. Khanimullah P L D 1962 Pesh. 124 and Mst. Salam Abbasi v. Ahmad Suleman 1981 C L C 462 rel. (b) Azad Jammu and Kashmir Right of Prior Purchase Act (1993 B.K.)--- ----S. 12---Pre-emption suit jointly filed by two pre-emptors ---Name of one of pre-emptors struck off under impression that he was a stranger---Remaining pre-emptor's suit, who had claimed relief to the extent of one half of entire land, whether hit by partial pre-emption ----Co-pre-emptor's name was struck off by trial Court that he was a stranger to the right of pre-emption ---Such co­ pre-emptor had appealed against the same but to no effect---Fact that remaining pre-emptor did not seek amendment of plaint to claim whole of the suit land in exercise of right of prior purchase would not disentitle him to get a decree of entire land; especially when he had specially mentioned in the memorandum of appeal filed in High Court that a decree for entire land be passed in his favour---Where a co-pre-emptor's name had been struck off under the impression that he was a stranger, there was no bar in law to decree the entire land in question in favour of remaining pre-emptor. (c) Azad Jammu and Kashmir Right of Prior Purchase Act (1993 B.K.)-- ----S. 12---Azad Jammu and Kashmir…

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