| Citation(s) |
|---|
| 1992 SLG 2168 1992 SLD 2168 1992 PLJ 51 |
Supreme Court of Pakistan
Civil Petition No.323-L of 1991, dismissed on 12.11.1991. [On appeal from judgment Dated 17.2.1991, of Lahore High Court, in W.P. No.4137 of 1990.] Date of hearing: 12.11.1991.
MUHAMMAD AFZAL ZULLAH CJ AND ABDUL SHAKIRUL SALAM, J
Mr. Hamad Khan, Advocate, Supreme Court, and Mr. Ejaz Ahmad KJwn, AOR for Petitioner. Nemo for
Respondents.
Civil Petition No.323-L of 1991, dismissed on 12.11.1991. [On appeal from judgment Dated 17.2.1991, of Lahore High Court, in W.P. No.4137 of 1990.] Date of hearing: 12.11.1991.
MUHAMMAD AFZAL ZULLAH CJ AND ABDUL SHAKIRUL SALAM, J
Mr. Hamad Khan, Advocate, Supreme Court, and Mr. Ejaz Ahmad KJwn, AOR for Petitioner. Nemo for
Respondents.
Mst. RAHIM NOOR
VS
Mst. SALIM BIBI and two others--Respondents
Law:
Section:
Amendment— —Permission to amend plaint-Grant of-Challenge to-Contention that it was at a very late stage that amendment was sought and petitioner has been put to inconvenience-Respondent wanted to correct her fathers name in plaint-She had given name of her father as Rahim Bakhsh while appearing as her own witness nearly 3 years before making of application—It was on account of gross mistake that correction could not be made—Petitioner wants to change real parentage of respondent on account of mere technicality—Held: Courts in Pakistan cannot permit nor can such an approach to law and justice be accepted as valid-Held further: CPC does not prohibit permission to amend pleadings even at late stage when it is otherwise necessary—Petition dismissed. [P.52]AB ORDER Muhammad Afzal Zullah, CJ.-Permission to amend a plaint granted to respondent/plaintiffs side has been brought under challenge through this petition for leave to appeal.The High Court held that respondent No. 1 had based her suit on a sale deed wherein the vendees are mentioned as Khuda Bakhsh and Rahim Bakhsh. The respondent wanted the correction of her fathers name in the plaint as Rahim Bakhsh. The respondent had also as PW-4 stated that she is the daughter of Rahim Bakhsh and niece of Khuda Bakhsh. Thus the exercise of discretion by the trial Court was held to be legal and proper. Learned counsel has contended that it was at a very late stage that the amendment was sought. The petitioner has been put to inconvenience. She will have to…
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