Through the revision petition in hand the petitioner has impugned the judgment and decree dated 02.5.2009 passed by Additional District Judge-VI, D.I Khan vide which he dismissed the appeal against the judgment and decree dated 21.9.2007 passed by Civil Judge-III, D.I.Khan.
2. The brief facts are that a suit for declaration was filed by the petitioner against the respondents seeking a declaration on the grounds mentioned in the plaint.
3. Both the respondents contested the suit by filing their written statement. The pleadings of the parties resulted into five issues. After recording evidence and hearing arguments, the learned trial Court dismissed the suit of the petitioner on 21.9.2007. The said judgment was assailed in appeal before the appellate Court. The appeal was also dismissed vide judgment and decree dated 02.5.2009.
4. Now the petitioner has challenged the latest judgment in this Court through revision petition under Section 115 C.P.C.
5. Inter-cilia, counsel for the petitioner argued that an application was submitted before the appellate Court on 03.12.2008 for amendment in the plaint. According to the learned counsel, the Court did not call for reply nor it has been decided. In reply, no convincing arguments have been addressed by the opposite counsel.
6. Arguments heard and record on file perused in the light of which my discussion is as under.
7. Attested copy of the said application is on file as Annexure-F. In this application it has been prayed that certain amendment may be allowed in the plaint. The record shows that it has been simply placed on file. No reply has come from the respondents. The amendment sought by the petitioner is his right. It is the discretion of the Court to which it is submitted either to accept it or disallow. The disposal is mandatory. As stated above, neither reply has been submitted by the respondents nor A the respondents have been asked for the same. The appellate Court remained silent about the said application. The amendment sought by the petitioner goes to the root of the case and its disposal is necessary.
8.In view of the non-disposal of the above mentioned application, the impugned judgment of the learned Additional District Judge has become nullity in the eye of law. On this point, I accept the revision petition, set-aside the judgment and decree dated 02.5.2009 passed by Additional District Judge-VI, D.I.Khan and remand the case back to that Court with the directions to dispose of the application submitted by the petitioner for amendment in accordance with law and thereafter dispose of the appeal. The parties are directed to appear before the appellate Court on 21.12.2009.