Law:

Section:

Civil Procedure Code (V of 1908)-----O. VI, R. 17---Constitution of Pakistan (1973), Art.185(3)---Amendment of plaint---Trial Courts.' order for amendment of plaint was set aside as also plaintiff's suit was dismissed in revisional jurisdiction by the District Judge---High Court, in Constitutional jurisdiction, declared the dismissal of suit by the Revisional Court as without lawful authority but its setting aside the order of amendment of plaint was upheld---Plaintiff's case thus stood remanded to the Trial Court for trial of suit as originally presented---Both the parties sought leave to appeal---Leave was granted to examine, whether it was not a fit case for grant of permission to amend the plaint; if so, whether the order of Trial Court directing the amendment was without lawful authority, illegal or improper; whether the Revisional Court could have dismissed the suit or should have passed proper order for remand; and all other related questions; as also, those raised in the petitions. Karim Dad v. Arif Ali and another P L D 1978 Lah.679 ref. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--These petitions are by both the sides in a civil suit, regarding declaration, in respect of a land transaction. They have sought leave to appeal against the judgment of the High Court in Writ Petition No.3950 of 1980 filed by the plaintiffs (petitioners in C.P. 1119/81). The writ petitioners/plaintiffs sought more than one relief in the same suit. The trial Court directed them to amend the plaint so as to correct the form of the suit. The defendants side (petitioners in C.P. 1122/81 filed a Civil Revision before the District Court challenging the order of the trial Court. It…

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