' MUHAMMAD AFZAL ZULLAH, J.--This petition arises out of dismissal of the petitioner's application for amendment of his plaint at the appellate stage. His suit was dismissed earlier by the trial Court. His appeal was still pending when he filed a revision in the High Court challenging the dismissal of his application for amendment. That revision having been dismissed on merits, he has now sought leave to appeal.
2. After some hearing, both the learned counsel agreed that the question regarding amendment of the plaint in the circumstances of this case, could have been adequately dealt with, if the petitioner had brought the matter in the High Court in the case of his failure in the first appellate Court.
Accordingly, we convert this petition into appeal and upholding the dismissal of the petitioner's revision by the High Court; but on a different ground, namely that the revision should have been dismissed as premature, in the circumstances of this case. Therefore, in the light of the foregoing, the appeal, so converted, is dismissed with the remark that the points raised by the appellants against the dismissal of their application for amendment of the plaint, might be raised again before the High Court, if they fail before the first appellate Court. There shall be no order as to costs.