Case Details

Citation(s)
1992 SLG 342 1992 SLD 342 1992 PLD 30
Supreme Court of Pakistan
Civil Petition No.323-L of 1991, decision dated: 12-11-1991.
MUHAMMAD AFZAL ZULLAH, C.J. AND ABDUL SHAKURUL SALAM, J
Hamad Khan, Advocate Supreme Court and Ejaz Ahmad Khan, Advocate-on-Record. Nemo.

Mst. RAHIM NOOR-

VS

Mst. SALIM BIBI and 2 others

Law:

Section:

Civil Procedure Code (V of 1908)-----0. VI, R. 17---Amendment of pleadings---Permission to amend pleadings was not prohibited even at late stage, when, of course it was otherwise necessary. ORDER MUHAMMAD AFZAL ZULLAH, CJ. --Permission to amend a plaint granted to respondent/plaintiff's side has been brought under challenge through this petition, for leave to appeal. The High Court held that respondent No.l had based her suit on a sale-decd wherein the vendees are mentioned as Khuda Bakhsh and Rahim Bakhsh. The respondent wanted the correction of her father's name in the plaint as Rahim Bakhsh. The respondent had also as P.W.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 submit a fresh written statement and the possibility of new issues and further evidence cannot be excluded. But this, even if so, cannot relieve the petitioner also from being fair and just to the other side. Learned counsel perhaps was not aware that the respondent…
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