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Ameer Bakhsh V. Assa and 2 others,

CLC 2018 1004 · Balochistan High Court

This case comes from the Balochistan High Court and deals with a procedural dispute in an ongoing civil lawsuit. The plaintiff, Ameer Bakhsh, had filed a suit for declaration, permanent injunction, and correction of revenue entries against the defendants back in 2014. The trial court framed nine issues for trial in 2016, and the case proceeded with the plaintiff producing three witnesses. Later, while still in the process of presenting evidence, the plaintiff filed an application asking the trial court to frame additional issues or correct the existing ones under the Civil Procedure Code. The trial court rejected this application, and the plaintiff challenged that rejection before the High Court through a civil revision petition.

The High Court dismissed the petition outright. It found that the plaintiff had not given any real justification for why additional issues were needed to properly decide the dispute. More importantly, the plaintiff had stayed silent for about a year and a half after the issues were originally framed, never objecting to them until this late stage. The court held that the trial court's decision to refuse the amendment was neither illegal nor improper.

This case matters because it reinforces that courts will not entertain last-minute attempts to reshape a case's legal questions without good reason, especially when a party had ample opportunity to raise objections earlier and failed to do so. It underscores the importance of timely diligence in civil litigation.

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