FAIZ MUHAMMAD Versus JAWAHIR

ORDER

AJMAL MIAN, J.--- This is a petition for leave to appeal against the order dated 8-6-1993 passed by a learned Single Judge of the Lahore High Court in Writ Petition No.223 of 1982 upon C.M. No.117 of 1992 filed by the respondents in their writ petition under Order VI, Rule 17, C.P.C. for amending the memo. of the writ petition, allowing the above amendment. The petitioners have, therefore, filed the present petition for leave to appeal.

2. In support of the above petition, Mr. Chulam Mehmood Qureshi, learned Advocate Supreme Court appearing for the petitioners, has vehemently contended that the above writ petition was filed in 1982, whereas the amendment application was filed in 1990 whereby efforts were made to change the complexion of the controversy in the writ petition.

3. We have noticed from the impugned order that one Ch. Abdul Hafeez, Advocate, who had drafted the above memo of the writ petition, supported the aforesaid amendment application on the plea that by mistake, he had incorporated in the original memo of the writ petition facts of some other writ petition, in which he was appearing. It cannot be denied that grant of amendment of a pleading is a discretionary matter. However, at the same time, the Court concerned is expected to exercise the above discretion fairly and justly. It is open to the petitioners to urge all the points, factual or legal, touching the merits of the case, in the written reply to the amended petition. We are not inclined to grant leave to appeal. Leave is refused.

A.A./F-351/S Leave refused.