MUHAMMAD ARIF TARAR vs MATLOOB AHMAD WARRAICH O — 2025 PLD 691 SUPREME-COURT

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MUHAMMAD ARIF TARAR VS MATLOOB AHMAD WARRAICH O. VI, R. 17---amendment in pleadings---Inordinate delay in seeking amendment---Scope---Court is empowered to allow a party to amend their pleadings, particularly where such an amendment is necessary to determine the real issue in controversy between the parties and the power can be exercised by the court, at any time, during the pendency of such proceedings and even after the passage of the decree at the appellate stage or at the stage of revision in the highest Court---While it is true that the courts are empowered under Order VI, Rule 17 of C.P.C. to permit amendment "at any stage of the proceeding" this discretion is to be exercised with caution and only in furtherance of justice---although the rule ibid is to be construed liberally, certain guardrails must be strictly observed---an amendment cannot be allowed if it alters the nature of the suit, seeks to withdraw admissions previously made, is tainted with mala fide intent, causes prejudice to the opposite party, or is designed to overcome evidentiary contradictions or prior judicial determinations---Courts must be vigilant in evaluating the motive behind the request, the stage at which it is brought and its impact on the rights of the opposite party---Where an amendment is sought after an inordinate delay, without adequate explanation, the delay itself, though not conclusive, becomes a weighty factor---an amendment of such a nature, introduced after the close of pleadings and during the trial phase, is likely to prejudice the opposing party by shifting the nature or focus of the controversy---an amendment should not be allowed where it alters the litigation landscape in a way that disadvantages the opposing party who relied upon the original pleading in the conduct of their case.

MUHAMMAD ARIF TARAR vs MATLOOB AHMAD WARRAICH O — 2025 PLD 691 SUPREME-COURT

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