DAMSAZ KHAN versus TEHSIL MUNICIPAL ADMINISTRATION (M.C.), D.I. KHAN THROUGH TEHSIL NAZIM
Section Civil Civil Procedure Code (v. 1908), O VI, R 17 Appeal for amendment of suit, declaration suit was dismissed, the plaintiff filed a petition for modification of the plaintiff and the record shows That it was kept on file. And there was no response from the defendants in which the amendment sought by the plaintiff was his right and it was the discretion of the court in which it was presented or not to accept it or to reject it. Editing was mandatory neither respondent was presented by the defendants nor was the defendant questioned and the appellate court remained silent on the request, till the root of the amended case sought by the plaintiff. Arrived and disposed of, it is necessary, in view of the absence of the plaintiff's modification request, the unwarranted verdict became contrary to the judgment of the appellate court. It was and the order passed by the appellate court was set aside and the remand was obtained with the hearing of the case dismissing the petition filed by the plaintiff for amendment in accordance with law and thereafter the appeal dismissed. To compensate
Related judgments — Peshawar High Court NWFP, 2010
