Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. VI, R. 17---Amendment of pleadings- --Maxim: Secundum allegata et probata (party to litigation can only succeed according to what was alleged and proved)---Applicability---Concurrent findings of fact by the Courts below--- Evidence beyond pleadings---Plaintiff throughout the pendency of proceedings before the Courts did not make any attempt to amend the pleadings---Suit filed by the plaintiff was dismissed by both the Courts below---Plaintiff contended that he had been non-suited by the Courts below just for the reason that necessary pleadings were not made---Validity---No foundation had been laid down in the plaint for the case sought to be set up in the course of evidence---In the matter of civil proceedings governed by C.P.C. no party was allowed to be permitted to lead evidence in respect of facts which were not pleaded and even if such evidence had come on record, the same was not to be looked into---No evidence was produced in support of the case pleaded in the plaint and as such no case was made out to enable High Court to interfere with the s and decrees within the parameter of S.115, C. P.C. ---Both the Courts below had rightly discarded the evidence adduced by the plaintiff as the same was beyond the pleadings. Amir Shah v. Ziarat Gul 1998 SCMR 593 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court, exercise of---­Principles---Errors made by parties ---Revisional jurisdiction is exercised to correct errors made by subordinate Judges while deciding matter--­Revisional jurisdiction cannot be extended to correct errors made by the parties or on their behalf. Ch. Abdul Rasheed Gujjar and Ch. Iqbal Ahmad Khan for Petitioner. Ch. M. Tufail for Respondent No. 1. Ustad M. Iqbal and Ch. M. Akram for Respondent No.2. Date of hearing: 9th May, 2002. JUDGMENT On 30-3-1983 the petitioner filed a suit against the respondents. In the plaint it was stated that the petitioner is owner of the suit-land mentioned in para. 1 of the plaint. In para.2 of the plaint it was stated that one Muhammad Siddique son of Malik Abdullah acting as general attorney of the petitioner had…

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