Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. VI, R. 17---Amendment of pleadings---Written statement, amendment of---Scope--Trial Court refused to allow defendant to amend its written statement---Order passed by Trial Court was maintained by lower Appellate Court as well as by High Court in exercise of revisional jurisdiction---Validity---Allowing or refusing to allow amendment of pleadings was an act, which hit at the very root of the attack or defence of a party, as the case might be---Parties could not lead evidence beyond their pleadings and hence it affected the production of evidence as well---Case of party was most likely to be seriously jeopardized, if amendment was refused in genuine cases---Question of amendment was not of such an interlocutory nature, which could subsequently be rectified at the time of final decision of case---While declining to interfere on such grounds, High Court had fallen into material irregularity---Judgment passed by High Court was set aside and defendant was allowed to amend its written statement subject to payment of cost---Appeal was allowed. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J. ---Lahore Development Authority (L.D.A.) has been granted leave to appeal from the judgment dated 3-10-2006 of a learned Judge in Chambers of Lahore High Court, whereby their writ petition was dismissed, most probably in limine. 2. Through a suit for declaration-cum-permanent injunction, Khalil-ur-Rehman plaintiff raised a dispute concerning Plot No.641/A, Gulshan-e-Ravi Scheme, Lahore. On one of the adjourned dates the L.D.A. filed a written statement wherein one of the paragraphs of the plaint was simply denied without giving details of fact because the comments of some Director of the L.D.A. were still awaited. The learned trial Court received such written statement. 3. Subsequently, on receipt of the comments aforesaid, L.D.A. applied for the amendment of the written statement in order to supplement and reinforce, by narration of facts, the para. concerned, which initially was-left incomplete. The learned trial Court allowed the amendment vide order, dated 10-3-2006, which was set aside by the learned Additional District Judge, Lahore on…

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