' The plaintiffs/petitioners have challenged sale mutation No,915 attested on 6-2-1970 on the ground that no sale even took place and the land had been leased in favour of the respondents.
2. The plaintiffs had filed an application for the amendment of the plaint as they wanted to substitute land measuring 97 Kanals instead of 100 Kanals already inserted in the plaint. The second proposed amendment was that the impugned mutation was in violation of Martial Law Regulation No,115. The learned trial Court allowed the first amendment and about the second one, it has been stated that there is no necessity of the amendment of the same.
3. On the same date, the learned trial Court extended the provisions of Order XVII, rule 3, C.P.C. And closed the evidence of the plaintiffs except the statement of one of the plaintiffs and the documentary evidence.
4. As regards the amendment regarding the plea that the mutation was in violation of M.L.R. 115, it is a legal plea and the amendment should have been allowed. The order of the learned trial Court regarding the application of Order XVII, rule 3, C.P.C. Is not correct because the suit should have been decided forthwith after applying Order XVII, rule 3, C.P.C. In this case the examination of the witnesses of the plaintiffs has been closed and the plaintiffs were asked to make their own statement on the next date of hearing. This sort of order is erroneous. Muhammad Ismail v. L.DA. Etc. (N.L.R. 1988 Civil 438) also reinforces this view. The order of the learned trial Court dated 27-9-1987 is therefore, quashed.
5. Sh. Inayat Ali, Advocate the learned counsel for the petitioners has promised to file the amended plaint on the same day and also to produce the remaining evidence of the plaintiffs at the earliest.
6. The learned trial Court shall receive the amended plaint on 26-10-1988 and after having received written statement, shall give one date to the plaintiffs to produce their evidence and dispose of the case expeditiously. The learned counsel for the respondents has no objection if the amendment is allowed and the direction made under Order XVII, rule 3, C.P.C. Is quashed. The writ petition succeeds and stands disposed of. I make no order as to costs. The file of this case should be sent to the learned trial Court immediately.