YUNISH Vs. FIYAZ ALI KHAN

JUDGEMENT

(1.) The application for amendment of the plaint and the decree was sought after the decree was passed. It was a case where the plaintiff had filed an application for amendment of the plaint to include certain items which were said to have been omitted from the description of properties. The properties which were said to have been omitted were in rectangular 108 with the following killa numbers:

(2.) The principal contest had been taken by the 1st defendant, who claimed to be the adopted son of one Rehmati widow of Ibrahim. The Court found that the adoption as pleaded by the 1st defendant was not true and allowed for a joint declaration for the plaintiff and the 2nd defendant. When the application for amendment was filed again the Court held that it was belated and the same have not been carried out within a period of 14 days as set out under Order 6 Rule 18, it could not be entertained.

(3.) The civil revision is filed by the decree holder claiming that the power of the Court to extend the time is not taken away and such a power exists both under Section 148 CPC and in terms of Order 6 Rule 18 itself. Order 6 Rule 18 reads thus:-