DELWAR HOSSAIN vs Maulvi ABDUL JALIL CHOWDHURY AND Other — 1970 SCMR 871

Citation: 1970 SCMR 871

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: DELWAR HOSSAIN vs Maulvi ABDUL JALIL CHOWDHURY AND Other

Headnotes

Case cited as 1970 SCMR 871

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman Title: DELWAR HOSSAIN vs Maulvi ABDUL JALIL CHOWDHURY AND Other Case No.:Civil Petition for Special Leave to Appeal No. 61-D of 1970 Civil Rule No. 81 of JUDGMENT Reported As: 1970 SCMR 871 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This is an application for special leave to appeal from an order of a learned Single Judge of the High Court of East Pakistan in an application under section 115 of the Code of Civil Procedure filed against an order of a Munsif at Patiya allowing a prayer for amendment of a plaint in a suit pending before him. The suit, which was filed for declaration of title and confirmation of possession with a prayer for injunction was in respect of only one plot, namely, R. S. Plot No. 2042, as mentioned in the Schedule. The plaintiff sought, after his own examination at the hearing of the suit, to amend the plaint by including in its Schedule another plot namely, R. S. Plot No. 2945 which covered C. S. Plot No. 2043 and to raise the value of the suit. This amendment was opposed on the ground that it would set up a new case and would defeat a right which had accrued to the other side by lapse of time. The learned Munsif took the view that nothing of the kind would happen and allowed the amendment. The High Court agreed with this view and dismissed the revisional application. It is now contended on behalf of the petitioner that the amendment was…

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