| Citation(s) |
|---|
| 1993 SLG 604 1993 SLD 604 1993 SCMR 593 |
Supreme Court of Pakistan
Civil Appeal No.37-Q of 1991, decision dated: 5-05-1992(On appeal from the judgment dated 10-10-1991 of the High Court of Balochistan in Misc. Admiralty Appeal No.l of 1990)
NASIM HASAN SHAH, SHAFIUR RAHMAN AND ABDUL QADEER CHAUDHRY, JJ
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Civil Appeal No.37-Q of 1991, decision dated: 5-05-1992(On appeal from the judgment dated 10-10-1991 of the High Court of Balochistan in Misc. Admiralty Appeal No.l of 1990)
NASIM HASAN SHAH, SHAFIUR RAHMAN AND ABDUL QADEER CHAUDHRY, JJ
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SEMCO SALVAGE PTE LIMITED
m.v. KAPTAN YUSUF KALKAVAN and others
Law:
Section:
Civil Procedure Code (V of 19(18)--O.VI , R.17---Amendment of plaint---Plaintiff's original cause of action was based on salvage service---Award made subsequent to the filing of suit needed amendment of plaint so as to bring plaintiff's suit in line with the award---Trial Court (Single Bench) had allowed amendment but order of amendment was set aside by Division Bench in appeal---Validity---Provisions of O.VI, R.17, Civil Procedure Code, 1908 allow amendment of plaint at any stage of the proceedings for just decision of the case---Technicalities are to be avoided--Proposed amendment was directly connected with the cause of action and same would not alter the nature of suit either in form or in substance---Nature of an added claim in substance was the same---No change in the nature of cause of action was sought---For resolving the entire dispute between the parties and saving them from multiplicity of proceedings, proposed amendment was necessary---No inconsistent plea was taken by plaintiff in the proposed amendment---Order allowing amendment in plaint was restored. JUDGMENT ABDUL QADEER CHAUDHRY, J: --This appeal by leave of the Court is directed against the judgment of the High Court dated 10-10-1991. 2. The facts of the case are that the appellant filed a snit for the recovery of US. $377,560.96 equal to Pak Rs.66,07,316.80 against respondent No.l for salvage service. The suit was contested. Issues were framed and some witnesses were also examined. According to the appellant, in the meantime cargo interest furnished security in the sum of US $1.25 million with the Committee of Lloyd's pending determination of the salvage award by the arbitrator was eventually settled in the sum of Rs.537,5W US Dollars. The dispute before the arbitrator was confined to the share of the respondent No.l. The appellant on 14-6-1988 filed an application under Order VI, rule 17 for amendment of the plaint so as to bring their claim in line with the…
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