Law: Civil Procedure Code (V of 1908)

Section: 17

 (i) Adverse Possession- —Plaint—Amendment of—Amendment allowed in revision by District Judge-Challenge to~Contention that plea of adverse possession was un-Islamic and could not be allowed to be taken—Decision of Shariat Appellate Bench declaring Section 28 of Limitation Act in so far it extinguishes right in property, as repugnant to Injunctions of Islam, shall take effect from 31.8.1991--On date of impugned decision in this case, no bar for acquisition of ownership rights on basis of adverse possession existed in law-Held: No ground exists for interference with revisional order allowing amendment of plaint for pleading adverse possession—Petition dismissed.          [P.161]D 1991 SCMR 2063 ref.  (ii) Civil Procedure Code, 1908 (V of 1908)-- —O.VI R.17-Plaint-Amendment of-Amendment allowed in revision by District Judge-Challenge to-Taking alternative plea of adverse possession was neither contradictory to nor destructive of plea of ownership already taken in plaint~If proposed amendment is essential for determining real question in controversy between parties, there was no bar for allowing it—All rules of procedure are intended to aid and assist main cause of justice-There is no much doubt that refusal to allow amendment was clearly a ease decided and was revisable-Held: Impugned order cannot be described either as without jurisdiction or without lawful authority.                                                           [Pp.l60161]A,BC PLD 1965 (WP) Peshawar 223. 1977 SCMR 284, PLD 1985 SC 345 and PLD 1973 SC 507 rel. JUDGMENT This petition, under Article 199 of the Constitution, is against a decision of learned District Judge of Mianwali dated 14.1.1982, allowing amendment to the plaint in the civil suit filed by Malik Sher to plead acquisition of title on the basis of hostile and adverse possession on the land-in-dispute. On 30.7.1979, Malik Sher brought a civil suit for declaration of title to a piece of land and confirmation of his possession on it. As a consequential relief,…

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