| Case ID |
d70695f1-62f4-492b-8b9c-632cee1695c6 |
| Body |
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| Case Number |
Suit No. 1085 and Civil Miscellaneous No. 4399 of |
| Decision Date |
Nov 03, 1996 |
| Hearing Date |
|
| Decision |
The application for amendment in the plaint was granted subject to all just exceptions. The plaintiff was directed to file the amended plaint within two weeks' time. The court considered the plaintiff's argument that the suit had not yet been registered and that no notice or summons had been issued to the defendants, hence no prejudice would occur if the application was heard without notice to the defendants. The learned counsel was instructed to satisfy the court on the point of Limitation after filing the amended plaint. |
| Summary |
This case revolves around the amendment of a plaint under the Civil Procedure Code. The plaintiff, Pakistan Railways, sought permission to amend their plaint without notifying the defendants, arguing that the suit was unregistered and no summons had been issued. The Sindh High Court, presided over by Justice Rasheed Ahmed Razvi, granted the application on the basis that no prejudice would result from hearing the application without notice to the defendants. The court mandated the plaintiff to file the amended plaint within two weeks and to address any issues related to limitation thereafter. This ruling emphasizes the flexibility in civil procedure regarding plaint amendments, particularly in circumstances where no formal registration has occurred, highlighting the court's willingness to accommodate procedural amendments to ensure justice is served. |
| Court |
Sindh High Court
|
| Entities Involved |
PAKISTAN RAILWAYS,
S. MUNEER UL HUDA
|
| Judges |
RASHEED AHMED RAZVI, J
|
| Lawyers |
M.J.A. Gazdar
|
| Petitioners |
PAKISTAN RAILWAYS
|
| Respondents |
2 others,
S. MUNEER UL HUDA
|
| Citations |
1997 SLD 616,
1997 CLC 379
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.VI, R. 17
|