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Application O 16, Rule 17

The document is an application filed in Civil Court seeking permission to amend the written statement in a pending civil suit. Specifically, the applicant seeks to amend paragraphs 4 and 5 to clarify the plaintiff's actual salary as per the employment contract and to add further details refuting the plaintiff's harassment allegations by presenting evidence of embezzlement by the plaintiff. The applicant argues the amendments are necessary to determine the real issues in controversy and would not prejudice any party. The court is requested to accept the application and allow the proposed amendments to the written statement.

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Osamah Bakhsh
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44 views3 pages

Application O 16, Rule 17

The document is an application filed in Civil Court seeking permission to amend the written statement in a pending civil suit. Specifically, the applicant seeks to amend paragraphs 4 and 5 to clarify the plaintiff's actual salary as per the employment contract and to add further details refuting the plaintiff's harassment allegations by presenting evidence of embezzlement by the plaintiff. The applicant argues the amendments are necessary to determine the real issues in controversy and would not prejudice any party. The court is requested to accept the application and allow the proposed amendments to the written statement.

Uploaded by

Osamah Bakhsh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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BEFORE THE HON’BLE CIVIL JUDGE 1st CLASS, LAHORE.

CM.No.___________________/2021

In

CIVIL SUIT No.37634/2016

In Re:-

Naumana Niazi Vs Synnapps Pvt Ltd

(SUIT FOR DECLARATION, CANCELLATION OF DOCUMENT, RECOVERY OF


MONEY INCLUDING DAMAGES WITH PERMANENT INJUNCTION)

APPLICATION UNDER ORDER 16, RULE 17 OF THE CODE OF CIVIL PROCEDURE


1908 FOR THE AMENDMENT OF WRITTEN STATEMENT WITH ALL THE
ENABLING POWERS OF THIS HONOURABLE COURT.

1. That the above-titled suit is pending adjudication before this Hon'ble court and is fixed
for hearing on 02-12-2021.
2. That through this instant application, the applicant humbly seeks indulgence of this
Learned Court for seeking permission to amend paragraph No. 4 of the written statement
under the head “ON MERITS”, proposed amendment is as following:

“That it is denied that her salary was decided to the amount of Rs. 5, 50, 000/-
but instead as per her employment contract dated 10-02-2015, in which she was
admitted to employment and her salary was fixed to the tune of Rs. 3, 50,
000/- per month. Copy of the Employment Contract dated 10-02-2015 is attached
h erewith.”

3. That furthermore, through this instant application, the applicant further humbly seeks
indulgence of this Learned Court for seeking permission to amend paragraph 5 of the
written statement under the head “ON MERITS”, proposed amendment is as following:

“That it is absolutely denied that the plaintiff was harassed by the Defendant, infact
when she was caught red handed for the embezzlement of almost millions
rupees, including illegal possession of items that belong to Defendant Company
including 1800 cc Honda Civic bearing registration No. LEC-11-2271, Chasis No.
NFBFD1670BR127395, Engine No. R18A17987583 valuing Rs. 1. 8
Million PKR. Copy of Receipt dated 14.04.2015 and emails confirming the
said purchase for the facility to the plaintiff dated 10-04-2015 is attached
herewith. Furthermore, the plaintiff also has illegally possessed a Mac Book worth
Rs. 2, 15, 000/-, an Apple Iphone-6 worth Rs. 72, 000, Wifi Device worth Rs. 2500,
drawer keys and other necessary documents, for which she was served a legal
notice dated 25-07-2016, her explanation were called to reply but instead, she took the
issue of one being of harassment and in this respect, a separate FIR was lodged
against her. Copy of email dated 27-04-2016 confirming acceptance on
resignation of the plaintiff and copy of the legal notice dated 25-07-2016 are
attached h erewith.”

4. That inadvertently, the aforesaid facts I.e proposed amendments could not be added in the
written statement, therefore, permission is sought from this Learned Court for the a
amendment of written statement as stated above inter-alia on the following:

GROUNDS

I. That the aforesaid proposed amendments are not inconsistent with the original version of
the applicant taken in the written statement. That the pay of the plaintiff employee is
clearly highlighted in the plaintiff’s employment contract dated 10-02-2015.
Furthermore, the amendments proposed at Para 5 are just and necessary for the purposes
of determining the real question of controversy between the parties as held in 2016 CLC
1309 Lah & 2016 CLCN 100 Pesh. All the documents attached shows our Bonafide as
well as displaying the true controversy between the parties.
II. That the omissions made in the written statement which are being efforted to be cured
through this application were never intentional nor deliberate rather they were
inadvertently not mentioned.
III. That the proposed amendments goes to the root of the case and in order to determine the
real question in controversy by this Learned Court, it is necessary that proposed
amendment may be allowed as the same is within the interest of justice and as per legal
maxim ‘Let justice be done, though heavens should fall’ as per 2005 PLD 270 SC &
1989 PLD 166 SC.
IV. That if the applicant is not allowed to amend his written statement as proposed above,
irreparable loss would inevitable and the act of the court will prejudice the applicant. It is
reiterated to the maxim that, ‘An Act of court shall prejudice no man’ as the benefit of the
said maxim cannot be denied to the party even if they themselves have been negligent to
themselves (Reliance is placed on 1995 CLC 957 Lah; 1989 PLD 146 SC & 2001
SCMR 533).
V. That the applicant humbly seeks permission of this Learned Court to raise additional
grounds at the stage of arguments.

PRAYER

It is therefore humbly prayed that the application may graciously be accepted and may kindly be
allowed to amend his written statement as proposed within this application.

APPLICANT,

Through,

(GHULAM ALI RAZA)


Advocate High Court

(MUHAMMAD OSAMAH BAKHSH)


Advocate High Court

(AHMAD MURTAZA VIRK)


Advocate High Court

ABS & Co,


9-FANE ROAD, LAHORE

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