Law:

Section:

Civil Procedure Code (V of 1908)-------O.VI, R. 17---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Amendment in written statement---Defendants were allowed to amend their written statement by adding therein a legal plea ---Petitioner's revision against permission to amend written statement was dismissed---Validity---Delay itself was no ground for disallowing amendment of pleadings when through such amendment of written statement, nature of suit was not being changed---Orders of Courts below i.e., allowing amendment of written statement by Trial Court and affirming that order in revision did not suffer from any illegality for through amendment in written statement defendants had been allowed to take only legal objection in regard to maintainability of cult---Amendment in written statement was affirmed in circumstances. Syed Akhlaque Hussain and another v: Water and Power Development Authority, Lahore 1977 SCMR 284; m.v. Kaptan Yousuf Kalkavan v. Semco Salvage Pvt. Ltd. 1992 CLC 143; Mistri Muhammad Ramzan v. Noor Muhammad and 2 others PLD 1995 Quetta 5; Ghulam Bibi and others v. Sarsa Khan and others PLD 1985 SC 345; Dr. Sajjad Ahmad and another v. Dr. Muhammad Bashir and 10 others PLD 1979 Lah. 304; Muhammad Zahoor and another v. Lal Muhammad and 2 others 1988 SCMR 322 and Muhammad Khan and 6 others v. Mst. Ghulam Fatima and 12 others 1991 SCMR 970 ref. JUDGMENT This Constitutional petition is directed against the order, dated 22-2-1978, of Civil Judge, Narowal whereby the respondents-defendants' application for the amendment of the written statement was allowed and also against the order, dated 8-1-1979, of District Judge, Sialkot whereby the petitioners' revision petition was disallowed. 2. The relevant facts are that the predecessor-in-interest of the present petitioners, Mian Muhammad Ali filed a suit for specific performance of contract against one Mirza Itfaq Baig (the predecessor-in-interest of respondents Nos.2 to 9). The respondents Nos. l and 10 to 12 claimed to have purchased the part of the suit land from the abovesaid Mirza Itfaq Baig, thus they were also impleaded as the defendants. Mian Muhammad Ali died during the…

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