74/2012 Civil Revision Mst. Hamida Fatima & another (Applicant) V/S M/S. Goodwill (Pvt) Ltd & another (Respondent)

74/2012 Civil Revision Mst. Hamida Fatima & another (Applicant) V/S M/S. Goodwill (Pvt) Ltd & another (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 11-NOV-15

Civil Procedure Code (V of 1908)--- ----O. VII, R. 11(d), O. I, R. 10(3), (4) & O. VI, R. 17---Plaint, rejection of---Pleadings, amendment of---Amendment of plaint under O. I, R. 10(4), C.P.C. would not attract provision of O. VII, R. 11(d), C.P.C.---Defendant filed application under O. I, R. 10, C.P.C. to be joined as defendant in the suit, which was accepted by Trial Court, and plaintiff was, therefore, required to amend the plaint under O. I, R. 10(4), C.P.C.---Defendant, subsequently, filed another application under O. VII, R. 11, C.P.C., seeking rejection of amended plaint on ground that plaintiff had made certain averments in the plaint without first seeking permission under O. VI, R. 17, C.P.C., which was allowed by Trial Court and amended plaint was rejected---Appellate court, setting aside order of rejection, remanded the case holding that provision of O. VII, R.11, C.P.C. did not apply to the plaint amended under O. I, R. 10(4), C.P.C.---Validity---Amended plaint in question was not barred by any law, nor had defendant referred to any law to declare that the same was hit by such law---Provisions of O. I, R. 10, C.P.C. and O.VI, R. 17, C.P.C. operated in quite different circumstances---Provision of O. VI, R. 17, C.P.C. were not applicable to facts of present case---Revision petition was dismissed in circumstances.