Syed AAKIF ALI SHAH vs MUHAMMAD IJAZ O — 2021 PLD 688 LAHORE-HIGH-COURT-LAHORE

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Syed AAKIF ALI SHAH VS MUHAMMAD IJAZ O. I, R. 10 & O. VII, R. 17---amendment of plaint---Voluntary amendment to plaint by plaintiff---amendment in plaint on direction of Trial Court under O. I, R. 10, C.P.C.---Nature of such amendments---Consequences of non-compliance---Scope---During trial of a suit, necessity for making amendment in plaint arose when plaintiff thought that material facts or material particulars already stated in plaint required rectification or elucidation; or further facts or materials were necessary and in such a case, amendment to plaint was allowed under O. VII, R. 17, C.P.C., which was called voluntary amendment---When court, on such terms as it thought just, either on its own motion or on application, ordered any person to be added as a defendant who ought to have been joined as a defendant or whose presence before court was necessary then in such a case, plaint was compulsorily amended under O. I, R. 10(4) of C.P.C., in such manner as was deemed necessary---Nature of the said two types of amendments was not only different but also consequences of failure to make such amendments after order were also not the same---Plaintiff if, after obtaining leave to amend his plaint, failed to amend it within time, then he would not be permitted to amend it afterwards, but such failure did not render suit liable to dismissal---Consequence of failure to amend plaint, therefore, was that suit would go to trial on original pleadings, but such suit could not be dismissed---Trial Court had no power to compel a plaintiff to amend his plaint and failure to make either type of amendment did not result in dismissal of suit.

Syed AAKIF ALI SHAH vs MUHAMMAD IJAZ O — 2021 PLD 688 LAHORE-HIGH-COURT-LAHORE

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