2002 CLC 884 KARACHI-HIGH-COURT-SINDH

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Master ABDUL MAJEED VS Haji MUHAMMAD BACHAL Proceedings--TERM , ----S. 15-Civil Procedure Code (V of 1908), O.VI, R.17---eviction proceedings---Pleadings, amendment of---Application was filed by tenant to raise new plea in defence---Such amendment Was sought after the close of evidence of landlord---Validity---Amendment sought was an afterthought and amounted to change the entire pleadings by bringing new plea in defence and the same could not be allowed at such stage ---No amendment could be allowed which would change the nature of the pleadings and bring new'grounds and documents that were available before and could be pleaded at the first instance---Rent Controller had rightly dismissed the application as through the amendment the tenant intended to introduce new facts to change the entire complexion of the pleadings---Tenant should have introduced the facts and documents which were with him and had not been procured or acquired at a subsequent date---No plausible ground was given by the tenant in the application as to why the documents or grounds were not taken up at the time of the filing of the objections at the initial stage---High Court declined to interfere with the order passed by the Rent Controller in circumstances.