Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.17

Law: Specific Relief Act, 1877

Section: 8

Civil Procedure Code (V of 1908)--- ----O.VI, R.17---Specific Relief Act (I of 1877), S.8---Suit for possession of immovable property---Amendment in pleadings---Principle---Plaintiff company sought amendment in its plaint, after framing of issues, which application was disallowed by Trial Court---Validity---Plaintiff company was required to indicate in clear terms as to at which part of pleadings, it intended to add or delete some version and in case of addition, the proposed addition must be provided in unequivocal terms---Proposed amendment was not to be vague or evasive---Application moved by plaintiff company was lacking completely in such regard---Nowhere in the application any proposed amendment in clear terms had been provided and similarly it was nowhere mentioned as to at which part of already filed plaint, the proposed amendment was to be added or altered---Plaintiff failed to make out a case for amendment in already filed plaint and also failed to point out as to how financial statements of defendant society would be relevant with regard to issues involved in the suit, seeking declaration as to the title of property and recovery of damages---Order passed by Trial Court did not suffer from any illegality or irregularity so as to warrant interference by High Court in its revisional jurisdiction---Revision was dismissed in circumstances. Matwali Khan v. Shah Zaman and others PLD 1965 AJ&K 26 and Muhammad Akram and another v. Altaf Ahmad PLD 2003 SC 688 rel. THIS ORDER PASSED BY: IBAD-UR-REHMAN LODHI, JUSTICE:---.--- The present petitioner-State Life Insurance Corporation of Pakistan, filed a suit on 27-7-2007 against the present respondent-Messrs Co-operative Insurance Society of Pakistan, seeking a declaration, injunction and recovery of damages. When Life Insurance (Nationalization), Order, 1972, President's Order No.10 of 1972 (hereinafter to be referred as 'the Order') was promulgated, it was provided in Article 15 thereof that all the assets and liabilities pertaining to the life insurance business in Pakistan of all insurers shall, on the appointed date, stand transferred to, and vested in the Corporation to be constituted in view of Article…

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