Jammu Kashmir Co-operative Housing Society vs Gulraiz Mehmood O — 2024 MLD 698 ISLAMABAD

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Jammu Kashmir Co-operative Housing Society VS Gulraiz Mehmood O.VI, R.17---Constitution of Pakistan, Art. 199---Amendment in written statement---Principles---Defendant/petitioner sought amendment in written statement which was declined by Trial Court---Validity---Record showed that after delay of three years of filing the suit, framing of issues and recording/closing of evidence of respondents, application under O. VI, R. 17, C.P.C., with regard to the amendment of written statement was filed---Allegedly, facts about proposed amendment were not incorporated/mentioned in the written statement inadvertently---No logic that facts which were in knowledge of parties if not mentioned at the relevant time, could be allowed to be mentioned at any time during the course of trial, as it would cause inordinate delay in deciding the matter---If the parties were allowed to make amendments in pleadings after many years of filing the suits/petitions etc. without any lawful/plausible justification, then the cases could not be decided and would be delayed for an indefinite period---Proposed amendment would also change the nature of the defense taken by the petitioner and would amount to making improvements which was not permissible under the law---Impugned order was interlocutory order which had not been made appealable under S. 104 read with Order XLIII, Rule 1 of the Code of Civil Procedure (Amendment) Act, 2020---Section 115, C.P.C., stands substituted in a manner that an order which is not appealable is no more revisable---Said statutory amendment did not allow revision against a non-appealable interlocutory order---Unless patent legal defect and material irregularity is pointed out, the orders could not ordinarily be interfered by the High Court while exercising jurisdiction under Art. 199 of the Constitution---Constitution petition was not maintainable and the same was dismissed in limine being meritless.

Jammu Kashmir Co-operative Housing Society vs Gulraiz Mehmood O — 2024 MLD 698 ISLAMABAD

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