| Citation(s) |
|---|
| 1993 SLG 321 1993 SLD 321 1993 PLD 332 |
Supreme Court of Pakistan
Civil Appeal No.52-0 of 1990, decision dated: 10-02-1993 (On appeal from the judgment of the High Court of Balochistan dated 1.8-6-1983 passed in Civil Revision No.28 of 1982).
MUHMMD AFZAL ZULLAH, C.J. AND SAJJAD ALI SHAH, J
M. Aslam Chishti, Advocate Supreme Court for Appellant. M.S. Ghaury, Advocate-on-Record (absent).
Civil Appeal No.52-0 of 1990, decision dated: 10-02-1993 (On appeal from the judgment of the High Court of Balochistan dated 1.8-6-1983 passed in Civil Revision No.28 of 1982).
MUHMMD AFZAL ZULLAH, C.J. AND SAJJAD ALI SHAH, J
M. Aslam Chishti, Advocate Supreme Court for Appellant. M.S. Ghaury, Advocate-on-Record (absent).
MIR MAZAR
VS
AZIM
Law:
Section:
(a) Civil Procedure Code (V of 1908)------ 0. VI, R. 17 --- Constitution of Pakistan (1973), Art.185(3) --- Leave to appeal was granted to consider the contention that plainti ff in the suit was admittedly in part possession of the suit land and his application for amendment being technical in nature should not have been rejected in view of decision of Supreme Court in Mst. Ghulam Bibi and others v. Sarsa Khan and others PLD 1985 SC 345. (b) Civil Procedure Code (v of1908),. --- 0. VI, R. 17 --- Amendment of pleading has to be allowed keeping in view the circumstances of the case and the stage of litigation and on such terms as may be just. In case of amendment to the pleadings the law-makers when enacting rule 17 of Order VI were conscious that the party opposing the amendment might be deprived of some right, convenience or advantage or may otherwise be put to some embarrassment by permitting the amendment; which as it has often been held might even override the. consideration of limitation, provided the cause of action is not charfged so as to make it a totally new suit. It was this consciousness regarding some amount of loss to the other party that the lawmakers visualised a compensation, namely, that the amendment keeping in view the circumstances of the case and the stage of litigation would be on "such terms as may be just". 1p. 3351 A Rules of procedure are meant to advance justice and to preserve rights of litigants and they are not meant to entrap them ifito blind corner so as to frustrate the purpose of law and justice. (c) Administration of justice--- --- Rules of procedure are meant to advance justice and to preserve rights of litigants' and these are not meant to entrap them into blind corner so as to frustrate the purpose of law and justice. (d) Civil Procedure Code (V of 1908) -- 0. VI, R. 17 --- Amendment of pleading --- Application seeking amendment of plaint was filed in second appeal before High Court --- Notice was served on the other party but no reply was filed thereto --- High Court did not pass any order on the said application but dismissed second appeal --- -Held, ends of justice demanded that amendment should have been allowed as…
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