Malik RIAZ ULLAH vs Mst — 2022 MLD 2011 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 MLD 2011 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: Malik RIAZ ULLAH vs Mst
Subject matter: Civil
Provisions referred to: Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Malik RIAZ ULLAH VS Mst. BILAWAR JAN Ss. 42 & 54---Civil Procedure Code (V of 1908), O.VI, R.17---amendment of pleadings---Scope---Principle---Petitioner/plaintiff was aggrieved of dismissal of his application seeking amendment in his plaint---Validity---amendment in pleadings could be allowed at any stage of proceedings for narrowing down real controversy between parties---Even inconsistent plea could be allowed to be raised in pleading if it could co-exist with initial plea of plaintiff---High Court set aside orders passed by two Courts below and allowed petitioner to amend his pleadings in terms of his application for amendment which he filed before Trial Court---Constitutional petition was allowed accordingly. Head NotesCase Description

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