SHAKAR KHAN vs MUHAMMAD ALI S — 2025 PLD 167 QUETTA-HIGH-COURT-BALOCHISTAN

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SHAKAR KHAN VS MUHAMMAD ALI S. 148, O. VI, R. 18 & O. XVII, R. 3---Specific Relief act (I of 1877), S. 39---Suit for cancellation of contract and correction in revenue record---Pleadings stage---amendment---Scope---Failure of the petitioners/plaintiffs to amend the suit despite availing numerous opportunities---Trial Court dismissed the suit while exercising powers under O. XVII, R. 3, C.P.C., which decision upon appeal preferred by the petitioners was upheld by the appellate court---Validity---Petitioners' suit was at pleadings stage, thus, they had to file amended plaint and since they had failed, the Trial Court could have invoked O. VI, R. 18, C.P.C., but the Trial Court dismissed the suit under O. XVII, R. 3, C.P.C.---Suit was not fixed for hearing---Suit was at pleadings stage and issues were not framed, thus, prior to framing of issues, provision of O. XVII, R. 3, C.P.C., could not be invoked and for this reason too, the impugned orders suffered from legal error, however, since petitioners could not file amended plaint despite availing opportunities and even subject to costs, thus, they were no more entitled for grant of further time under O. VI, R. 18, C.P.C., read with S. 148, C.P.C.---Trial Court could have disallowed the petitioner from filing the amended suit on account of their unexplained/consistent default in filing the amended plaint, however, petitioners could not have been non-suited---Trial Court had exercised a jurisdiction, which was not vested in it under O. VI, R. 18, C.P.C. and appellate Court also failed to perform its legal obligation of correcting such legal error---Civil revision was allowed, in circumstances.

SHAKAR KHAN vs MUHAMMAD ALI S — 2025 PLD 167 QUETTA-HIGH-COURT-BALOCHISTAN

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