| Case ID |
00dd8db6-8430-4ba9-9871-62742f33f538 |
| Body |
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| Case Number |
Writ Petition No. 34972 of 2015 |
| Decision Date |
Nov 06, 2018 |
| Hearing Date |
|
| Decision |
The constitutional petition challenges the order dated 03.06.2015 where the Revisional Court set aside the Trial Court's order dated 01.07.2014, which had dismissed the plaintiffs' application under Order VI Rule 17 for amending the plaint. The plaintiffs sought to amend the plaint to substitute the word 'hibanama' with 'oral sale'. The Trial Court found the application belated and prejudicial to the defendant's rights. The Revisional Court, however, allowed the amendment, stating it would not change the nature of the pleading. The High Court found merit in the petitioner's objections, ruling that allowing such an amendment at the end of trial would indeed change the character of the claim and could prejudice the defendant. Therefore, the Revisional Court's order was set aside, restoring the Trial Court's original ruling. |
| Summary |
This case revolves around the amendment of a plaint in a civil suit regarding land ownership. The plaintiffs originally claimed the land was gifted to them by their father, but later sought to amend this claim to indicate an oral sale. The Trial Court dismissed their application based on its timing and potential prejudice to the defendant. However, the Revisional Court allowed the amendment, leading to the current petition. The Lahore High Court ultimately ruled that the amendment would change the nature of the claim and prejudice the defendant, thus restoring the Trial Court's decision. This case highlights the importance of timing and the nature of claims in civil procedure, particularly in cases involving property disputes and the implications of amendments to pleadings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID WAHEED
|
| Lawyers |
Masood A. Malik,
Rao M.I. Zafar Khan
|
| Petitioners |
BASHIR AHMAD
|
| Respondents |
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND OTHERS
|
| Citations |
2019 SLD 419,
2019 CLC 280
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.VI,R.17
|