1. AJMAL MIAN, J.- (1) This revision is directed against an order dated 29.3.1987 passed by the learned District Judge Karachi West in Suit No.10 of 1987, allowing the conversion of summary suit on a promissory note into a regular suit. The applicant being aggrieved by the above order has filed the present revision.
(2) In support of the above revision, Mr. Attaullah Khan, learned counsel for the applicant, has urged that the learned District Judge could not have allowed the conversion of the aforesaid summary suit into a regular suit as on the day when the aforesaid order was passed, the cause of action had become time barred. According to the learned counsel for the applicant even on the date when the application was moved for conversion, the cause of action had become time barred.
2. On the other hand Mr. Raja Riaz Ahmed, learned counsel for the respondent, has submitted that the Court has discretion in the matter to allow the amendment.
(3) The question of limitation has not been dilated upon by the learned District Judge, I would, therefore, allow the above revision and would remnnd the case to the learned District Judge with the direction to rehear applicant and to decide the same afresh after taking into consideration the question of limitation.The revision stands disposed of in the above with no order as tocosts.