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Writ Petition No. 214 of 1984, decided on 24th March, 1984.

‑‑‑Art.9‑‑Civil Procedure Code (V of 1908), O.Vl, r. 17 Amendment of pleadings‑‑Discretionary relief by Court‑‑Principle for exercise of Constitutional jurisdiction stated‑‑Discretion of trial Court to allow/ disallow application for amendment of pleadings‑‑Trial Court giving cogent reasons for disallowing application‑‑No exception, held, could be taken in exercise of constitutional jurisdiction in circumstances.

‑‑‑S. 15‑‑Right of pre‑emption‑‑Plaintiff taking complex plea in a para. of plaint‑‑Plaintiff, held, might lead evidence consistent with such para. if so advised.

Sardar Muhammad Anwar Khan Dreeshak for Petitioner.

Asif Saeed Khan Khosa for Respondents.

This is a petition under Article 9 of the Provisional Constitution Order, 1981 whereby Niamat Ullah petitioner wants this Court to declare the orders dated 19‑7‑1983 and 5‑12‑1983 of the Civil Judge and District Judge respectively, to be without lawful authority and of‑ no legal effect.

2. The facts leading up to this petition, in brief, are that Niamat Ullah Khan petitioner filed suit for possession by pre‑emption Subsequently, he moved application for amendment of plaint which was dismissed on 19‑7‑1983. Thu revision against this order failed on 8‑12‑1983, hence this writ petition.

3. After hearing the learned counsel for the parties, I find that since it was within the discretion of the trial Court to allow/disallow the application for the amendment of the pleadings and that the learned trial Court has given cogent reasons for disallowing ,the application, therefore, no exception can be taken to the impugned orders. The petition, has, therefore, to be dismissed.

4. Before parting with the judgment, I would like to observe that since in para. No.4 of the plaint, it has been stated that;

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therefore the petitioner may lead evidence consistent with this paragraph, if so advised.

A.A.

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