Law:

Section:

(a) Civil Procedure Code (V of 1908)----------O. VI, R.17---Pleadings, amendment of---Scope---Amendment can be allowed at any stage, in such manner and on such terms, which may be equitable and just for contesting parties---Reasonable ground, however, has to be shown for exercising jurisdiction under O.VI, R.17, C.P.C. (b) Punjab Pre-emption Act (IX of 1991)--------S. 13---Civil Procedure Code (V of 1908), O.VI, R.17 & S.35--­Constitution of Pakistan (1973), Art. 185(3)---Pre-emption suit---Amendment of pleadings for rectification of typing/clerical mistake---Date of knowledge of sale was inadvertently written in the plaint whereas the correct date was mentioned in the notice of Talb-i-Ishhad---Pre-emptor filed application for correction of the date and the same was allowed by Trial Court against costs---Lower Appellate Court in exercise of revisional jurisdiction set aside the said order of Trial Court---Order of Lower Appellate Court was assailed in Constitutional petition wherein High Court allowed the amendment but the costs fixed by Trial Court was enhanced from Rs.1,000 to Rs.10,000--­Validity---Ex facie the amendment was to rectify the typing/clerical mistake and was rightly allowed by the Trial Court on payment of costs---Lower Appellate Court by setting aside the order of Trial Court in exercise of revisional jurisdiction had committed serious illegality of the nature which could have the effect of depriving the legitimate right of a par y---Leave to appeal was refused. (c) Civil Procedure Code (V of 1908)-------S. 115---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Maintainability---Order passed in revision petition by Appellate Court below assailed in Constitutional petition---Validity---Merely because revision was decided, the same would not by itself be a bar for aggrieved party to file Constitutional petition in High Court for seeking complete justice---Exercise of such jurisdiction de ends solely upon the merits of each case. Noor Muhammad v, Sarwar Khan and 2 others PLD 1985 SC 131 and ass an Din v. Hafiz Abdus Salam PLD 1991 SC 65 ref. Hafiz S.A. Rehman, Senior Advocate Supreme Court and M.A. Zaidi,…

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