Amendment of pleadings

Order VI, Rule 17, CPC— In the declaratory suit when initially the prayer of possession is not made subsequently seeking such amendment due to subsequent events does not make the suit self contradictory or amounts to new cause. Neither mere delay in applying for amendment is a reason. Shameem Akhtar & 14 others v. District Judge Poonch & 2 others 2016 SCR 1499 (C) PLD 1990 SC (AJK) 1 rel.
Under the Family Courts Act,1993, there is no absolute bar on the powers of the Family Courts that these cannot allow any suit to be restored when it is dismissed in default or cannot allow any party to amends its pleadings — Held: The High Court rightly allowed the amendment application. Robeena Fazil v. Yasin Khan 2005 SCR 37 (C)
A party is at liberty to apply for amendment of pleadings in the trial Court and even before the Supreme Court at any time — But at the same time it is also correct that amendment applications can neither be entertained nor allowed to deprive the other party in whom a right has come to rest on account of negligence or indolence of the applicant. Syed Shujahat Hussain Kazmi v. Mst. Nazish kazmi 2007 SCR 438 (D)
Amendment applications and other applications for dismissal of suit cannot be filed to keep hanging the other party for indefinite period, particularly when in the set of circumstances of the case the time is running fast. Syed Shujahat Hussain Kazmi v. Mst. Nazish kazmi 2007 SCR 438 (E)
Amendment — Proper adjudication of the case — High Court/Supreme Court can allow amendment. Held: The findings of learned District Judge are in line with the settled legal position that amendment can be allowed by the appellate Court and even by the High Court or the Supreme Court and if the Court comes to the conclusion that amendment is necessary for proper adjudication of the case, it can allow the amendment. M. Zahoor kausar v. Mst. Akbar jan 2011 SCR 87 (A)
Amendment — Plaint — Written — Statement — Facts in the knowledge of a party at the time of filing of plaint or written statement — Amendment disallowed — Under provisions of CPC plaintiff and defendant bound to state all facts constituting cause of action and defence — It is settled principle of law and practice of the Superior Courts that where the Court comes to the conclusion that the controversy brought before the Court or for that matter the appellate Court can properly be decided without amendment, the amendment should not be allowed particularly when the Court comes to the conclusion that the facts were in the knowledge of the party at the time of filing a plaint or written statement. Held: Under the provision of CPC the plaintiff and the defendant are to state all facts constituting the cause of action and defence thereof and the facts which existed at the time of filing of pleadings if not mentioned in the pleadings have to be ignored and the amendment is disallowed as failure of a party to bring on record the whole facts can create a right or defence for the other party, the suit can be decreed or rejected on that score. Muhammad Zahoor kausar v. Mst. Akbar Jan 2011 SCR 87 (B)
It is now settled principle of law that the application for amendment of pleadings can be made at any stage and the Courts should be liberal in granting permission so that the real controversy should be properly attended to and resolved by the Court to protect the litigants from multiplicity and uncalled for rounds of litigation. Abdul Hameed v. Fazil Kareem 2011 SCR 269 (A)
Application for amendment in the pleadings — Written statements — Facts of the case as well as the implication of the proposed amendment are also to be considered while deciding such application — The amendment application cannot be dismissed while discussing the general law on the subject matter — Each and every word of the proposed amendment is to be judged keeping in view whether the amendment sought is going to change the complexion of case are not. AJ&K Council & 3 others v. Messers Paidar Bulders 2011 SCR 595 (A)
—principles—for grant and refusing of—the amendment in the pleadings— it is settled principle of law that amendment in the pleadings can be allowed at any stage and the same can only be refused when through proposed amendment the nature of the suit may be changed or the amendment creates new cause of action. It is also now settled that if the Court comes to the conclusion that without allowing amendment the just decision in the case can be made the amendment can be disallowed. Sajid Hussain v. Maroof Hussain & others 2017 SCR 965 (B)
—amendment and effect of—the original pleadings loses its existence— It is settled law that after amendment in the pleadings ,the original pleadings loses its existence and only amended pleadings are taken into consideration. Ch. Muhammad Shoukat & others v. Custodian of Evacuee Property & others 2017 SCR 1388 (B) Azad Govt. & others vs. Iqra Sajjad & others (Civil appeal No. 234 of 2016, decided on 09-02-2017) rel.
—The Court while granting or declining amendment has to consider only that a plaintiff cannot be allowed to introduce a new and inconsistent case through an amendment and if the Court is of the opinion that the proposed amendment is not likely to change the whole complexion of the case, then it can be allowed even before this Court. Mustafa Khan & others v. Sardar Shamim Khan & others 2019 SCR 975 (A) 1992 CLC 143 ref
—Writ petition—amendment made beyond prayed for and allowed by Court—amendment made beyond permission is not permissible under law—the appellant instead of amending the writ petition as per the permission of the Court, almost changed the memo of the writ petition by adding and deletion of the facts beyond the permission of the Court. It seems as that the appellant has almost filed a new writ petition before the High Court which is not permissible under law. Masroor Ahmed v. Azad Govt. & others 2022 SCR 1001 (B)