Mst. RAHIM NOOR vs Mst. SALIM BIBI And 2 Other
This petition for leave to appeal challenged a High Court order allowing the amendment of a plaint to correct the plaintiff's father's name. The petitioner argued that the amendment was sought at a very late stage, causing inconvenience and necessitating fresh pleadings and evidence. The Supreme Court observed that the respondent had testified as P.W.4 nearly three years prior, identifying her father as Rahim Bakhsh, and the error in the plaint was attributable to a gross mistake by legal counsel or the trial court. The Court held that technicalities cannot be used to obscure the truth or alter the real parentage of a party, as such an approach is contrary to the interests of justice and the constitutional framework. Affirming the trial court's discretion, the Supreme Court ruled that the Code of Civil Procedure does not prohibit late-stage amendments when necessary for justice. Consequently, the petition was dismissed, and leave to appeal was refused, as the impugned order was deemed just and proper.
- Does the Code of Civil Procedure prohibit the amendment of pleadings at a late stage of the proceedings?
- Can a court allow an amendment to a plaint to correct a party's parentage when the error was caused by legal counsel?
- Should technicalities be permitted to override the determination of the real parentage of a party in a suit?
- C.P.C.
ORDER
1. MUHAMMAD AFZAL ZULLAH, CJ. --Permission to amend a plaint granted to respondent/plaintiff's side has been brought under challenge through this petition, for leave to appeal.
2. The High Court held that respondent No.l had based her suit on a sale-decd wherein the vendees are mentioned as Khuda Bakhsh and Rahim Bakhsh. The respondent wanted the correction of her father's name in the plaint as Rahim Bakhsh. The respondent had also as P.W.4 stated that she is the daughter of Rahim Bakhsh and niece of Khuda Bakhsh. Thus the exercise of discretion by the trial Court was held to be legal and proper.
3. Learned counsel has contended that it was at a very late stage that the amendment was sought.
4. The petitioner has been put to inconvenience. She will have to submit a fresh written statement and the possibility of new issues and further evidence cannot be excluded. But this, even if so, cannot relieve the petitioner also from being fair and just to the other side. Learned counsel perhaps was not aware that the respondent when appearing as her own witness had given her father's name as Rahim Bakhsh nearly 3 years before the making of the application. It was on account of gross mistake committed by the lawyers and/or their agents and may be by the trial Court also that the correction could not be made at an earlier stage.
5. Learned counsel vehemently argued that notwithstanding all this the respondent should not be permitted to call herself as the daughter of Rahim Bakhsh. In other words he, on account of mere technicality wants to change the real parentage of the respondent. The Courts in Pakistan cannot permit nor can such an approach to law and justice be accepted as valid. Even our Constitutional set up, apart from the laws, does not permit it. C.P.C. Does not prohibit the permission to amend pleadings even at late stage, when, of course it is otherwise necessary. The impugned order being eminently just and proper this petition, accordingly, is dismissed and leave to appeal is refused.
Cited by 11 cases
- MAQBOOL AHMAD vs ADDITIONAL DISTRICT JUDGE and others 2013 YLR 517
- MUNAWAR MEHMOOD and another vs NADEEM SIDDIQUI and others 2011 CLC 130
- Messrs HABIB BANK LTD. vs Messrs BELA AUTOMOTIVES LTD. and 7 others 2010 CLD 1243
- M/S. Habib Bank Limited vs M/S. Bela Automotives Ltd. And 7 Others 2011 P.C T.L.R. 34
- Munawar Mehmood and another vs Nadeem Siddique and others 2010 C.L.R. 1288
- AHMAD HASSAN KHAN vs MUHAMMAD RASOOL KHAN and 3 others 2007 PLD Peshawar 1
- MUHAMMAD MUSHTAQ vs ABDUL RAUF and 3 otherss 2006 YLR 669
- Dr. JAMIL SARFRAZ and another vs Mrs. MUSSARAT MANSOOR and 5 others 2004 YLR 1256
- MUHAMMAD ABDULLAH KHAN NIAZI vs Rais ABDUL GHAFOOR and others 2003 PLD Supreme Court 379
- FAZAL-UR-REHMAN and 2 others vs BEGUM SUGHRA HAQUE 2000 MLD 562
- FAZAL-UR-REHMAN and others vs Begum SUGHRA BAQUE 2000 C.L.R. 1468