Law:

Section:

(a) Civil Procedure Code (V of 1908)---.--- ---.--- O. VI, R. 17 & S. 115---.---Constitution of Pakistan (1973), Art.199 ¬Constitutional petition---.---Application for amendment of plaint---.---Rejection of such application was a "case decided" and was amenable to revisional jurisdiction. Bashir Ahmad v. Qaisar Ali Khan and 2 others PLD 1973 SC 507; Muhammad Swaleh v. Messrs United Grain and Fodder Agencies PLD 1964 SC 97; Saifullah Malik v. The Government of West Pakistan PLD 1969 Lah. 506; Muhammad Umar Beg v. Sultan Muhammad Khan. PLD 1970 SC 139 and S. Zafar Ahmad v. Abdul Khalique PLD 1964 Kar. 149 ref. (b) Civil Procedure Code (V of 1908)---.--- ---.--- O. VI, R.17---.---Amendment of plaint---.---Plaintiffs who had claimed ownership of the suit property on the basis of mutation entry,, had mentioned in the plaint that they had purchased the property from its owner vide mutation entry---.---Plaintiffs in their application for amendment in the plaint wanted to make amendment to the extent that said property was mutated in their name by way of Sahat e Indraj---.---Plaintiffs, in the suit, had claimed to be owners of property by way of purchases, whereas by way of amendment they wanted to substitute the word 'purchase" by way of "Sahat e Indraj" which would not change the status of the plaintiffs as owners ---.---Effect -Amendment would not change the complexion or nature of the suit as even if the word "Sahat e Indraj" was substituted with the word "sale" the status of the plaintiffs as owners would remain the same---.---Courts should be liberal enough to allow amendment, if it would not set up a new case or change the complexion of the suit. PLJ 1987 AJK 170; PLJ 1993 AJK 75; PLD 1993 SC 88; 1994 SCMR 2293; 1999 CLC 1287; 1999 CLC 1195; 2001 MLD 614; 2001 MLD 1083 and PLD 1985 SC 345 ref. THIS JUDGMENT DELIVERED BY: AMAN UL ALLAH KHAN, JUSTICE:---.--- Petitioner Muhammad Ayyub has filed the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, challenging the order dated 30 5 2001, passed by learned Additional District Judge, Pishin, whereby application filed by respondents under Order VI, rule 17, C,P.C, has been…

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