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HASEENA KHATOON versus GOVERNMENT OF SIND


O VI, r 17 Amendment of the Platform Suit for Mortgage Receipts Plaintiff Applicants Referring to the Truth About Mortgages Holding Appendix A of the First Schedule of Civil Code of Conduct, the proposed amendments introduce neither new cause of action. And will not change the color of the case.

1981 C L C 786

[Lahore]

Before Khurshid Ahmad, J

UNITED BANK LTD.‑Petitioner

versus

MESSRS LYALLPUR BUS SERVICE ETC.‑Respondents

Civil Revision No. 707 of 1978, decided on 22nd November, 1980.

(a) Civil Procedure Code (V of 1908)‑

‑‑ O. I, r. 10 read with O. XXX, r. 1‑Suit against firm‑Impleading of partners‑Plaintiff‑petitioner praying for impleading other partners as defendants in suit against firm defendant‑respondent for recovery of money on basis of mortgage‑Held, in view of clear provisions of O. XXX, r. 1 no application could be made for impleading other partners as defendants.

(b) Civil Procedure Code (V of 1908)‑‑

‑‑ O. VI, r. 17‑Amendment of plaint‑Suit for recovery of money on basis of mortgage‑Fact of mortgage mentioned in plaint‑Peti tioner applying for amendment of plaint so as to incorporate particulars of mortgage and to make prayer in conformity with O. XXXIV and Form No. 45 of Appendix A of First Schedule to Code of Civil Procedure‑Held, proposed amendments would neither introduce new cause of action nor change complexion of suit.‑[Plaint].

Muhammad Mohsin Ansari for Petitioner.

Rafiq Ahmad Bajwa for Respondents.

Date of hearing : 22nd November, 1980.

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