Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. VI, R.16 & S. 153---Specific Relief Act (I of 1877), Ss. 42, 54 & 12---Amendment of pleadings---Powers of court---Scope---Sale, evidence of---Plaintiff filed suit for declaration and permanent injunction---After recording evidence suit was partially decreed against which appeals were filed by both the parties---Appellate court accepted appeal of defendant on the ground that it was a case of specific performance of contract and declaratory suit was not maintain-able---Validity---Matter in dispute rested on agreement to sell and it was incumbent upon plaintiff to file suit for specific performance of contract---High Court under its revisional jurisdiction and Appellate Court in appellate jurisdiction could convert relief in view of averments made in the plaint---Evidence adduced by parties was sufficient to prove sale and delivery of possession---Trial court, Appellate Court and Revisional Court could suo moto direct amendment of plaint without any application by plaintiff and the courts had powers to allow such amendment even when legal right had accrued in favour of other party---Revision was allowed in circumstances. Karimdad v. Arif Ali PLD 1978 Lah. 679; Keramat Ali v. Muhammad Younas PLD 1963 SC 191 and Javaid Iqbal v. Abdul Aziz PLD 2006 SC 66 rel. JUDGMENT MALIK MANZOOR HUSSAIN, J.---Through this common judgment in instant Revision Petition No. 689-P of 2008, I intend to dispose of connected Civil Revision bearing No. 690-P of 2008, as both the petitions arise out of one and the same impugned judgment dated 5-6-2008 passed by the learned Additional District Judge/Izafi Zila Qazi, Buner at Daggar, whereby appeal filed by the respondents was accepted and judgment and decree dated 16-12-2002 passed by the learned trial Court was set aside. 2. Briefly stated the facts of the petitions are that petitioner filed a suit for declaration and permanent injunction against the respondents. The suit was contested by respondent No. 2 and after recording pro and contra evidence, the learned trial Court through judgment dated 16-12-2002 partially decreed the suit to the extent of 3 kanals 19 marlas instead of 21 kanals…

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