Law: Civil Procedure Code (V of 1908)

Section: 114,OrderXLVII,Rule1,OrderVI,Rule17

Law: Specific Relief Act, 1877

Section: 42

(a) Specific Relief Act (I of 1877)-------Ss.12 & 42---Civil Procedure Code (V of 1908), S.114, O.VI, R.17 & O.XLVII, R.1---Review---Nature of suit, amendment of---Converting suit for declaration into one for specific performance of agreement to sell---Claim of plaintiff was that she had entered into agreement to sell and paid full consideration amount and received possession but due to the death of the owner his legal heirs interfered into her possession---Declaratory suit filed by plaintiff was dismissed being not maintainable---Appeals before Appellate Court as well as before High Court were also dismissed on the same ground---Review of the passed by High Court was sought on the ground that if declaratory suit was not maintainable, the Court could have converted same into one for specific performance of agreement to sell---Validity---Suit for declaration could have been converted into one for specific performance if the same was made out from substance in the plaint, with the leave of the Court under O.VI, R.17, C.P.C., in case such conversion/amendment did not alter the cause of action or the nature of the suit---Plaintiff, who with due deliberations, insisted on decision of her suit, in the form filed before the Court cognizant of it, should not have itself directed the plaintiff to amend the plaint---Plaintiff did not opt to pray for amendment before Trial Court, Appellate Court or before High Court during hearing of appeals, thus such prayer could not be. granted in review jurisdiction---In suo motu jurisdiction, such exercise was not permissible in view of S.114 and O. XLVII, R.1, C.P.G. permitting review on discovery of new and important matter/evidence which was not within the knowledge of plaintiff or could not be procured at the time of decision or on account of some mistake or error apparent on the face of the record but none of such pre-requisites were made out by the plaintiff---High Court, in exercise of review jurisdiction, declined to interfere with the and decree passed in appeal---Review application was dismissed in circumstances. S. Sibtain Fazli v. Star Films Distributors PLD 1964 SC 337 distinguished. Ram Asra and another v. Ullah…

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