Law: Civil Procedure Code (V of 1908)

Section: 17

Civil Procedure Code (V of 1908)--- ----O. VI, R. 17---Amendment in plaint seeking addition of relief for specific performance---Scope---Plaintiff sought amendment in plaint in paragraph of relief by adding the relief of specific performance---Petition for amendment was dismissed by the Trial Court---Validity---Where in a suit for declaration new relief of specific performance of agreement to sell was sought which was based on assertions already made in the plaint, same would not change the nature of suit---Amendment sought in the plaint by way of seeking relief of specific performance of agreement to sell and declaration vis- -vis the cancellation of general power of attorney did not change the nature of suit or complexion of suit or introduced a new cause of action---Impugned order passed by the Trial Court was set aside and application for amendment was ordered to be accepted subject to cost of Rs.10,000/- to the defendant---Defendants would be entitled to file amended written statement---Revision was allowed in circumstances. Javaid Iqbal v. Abdul Aziz etc. PLD 2006 SC 66 ref. Mst.Ghulam Bibi and others v. Sarsa Khan and others PLD 1985 SC 345; Niamatullah Khan and others v. Additional District Judge, Bannu and others 1994 MLD 2332; Mst.Zubaida Bibi v. Mst.Hashmat Bibi and others 1993 SCMR 1882; Muhammad Ismail and others v. Roshan Ara Begum and others PLD 2001 Lah. 28 and Ali Asghar Shah v. Hashim Shah and others 1996 CLC 1252 rel. THIS JUDGMENT PASSED BY: AAMER FAROOQ, JUSTICE:---.--- Through the instant petition, the Petitioner has assailed order dated 24.1.2015, passed by Civil Judge 1st Class-West, Islamabad, whereby the application under Order VI, Rule 17, C.P.C., for amendment in the plaint, was dismissed. 2. The facts, in brief, are that Petitioner filed a suit for declaration, permanent and mandatory injunction on 19.4.2011. The suit of the petitioner was based on the General Power of Attorney and agreement to sell executed in his favour on 29.10.2010 by respondent No.1. The declaration was sought that the Petitioner is owner of the Property in question and that respondent No.2 has not cancelled the power of attorney in favour of the petitioner.…

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