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The bare perusal of Rule 17 made it crystal clear that the refusal of the Courts below to allow such limited and necessary amendment, despite clear statutory permission under Order VI Rule 17 CPC, amounts to material irregularity and failure to exercise jurisdiction vested in them by law.It is settled principle that amendment of pleadings should ordinarily be allowed if it is necessary for determining the real question in controversy between the parties and does not change the complexion of the case or cause prejudice to the opposite side. The jurisdiction to allow amendment is wide and intended to advance the cause of justice rather than to defeat it. Therefore, the proposed amendment if essential for clarification of pleadings and does not alter the fundamental character of the case, it should be permitted even at an advanced stage of the proceedings. WP.1975-22SADAQAT ALI KHAN (DECEASE) ETC VSZIA SAFDAR MALIK ETC Mr. Justice Jawad Hassan 19-01-2026 2026 LHC 9
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