Law:

Section:

Civil Procedure Code, 1908 (V of 1908)---- --------O. XX, R.14----Specific Relief Act, (I of 1877), S. 42----Amendment in plaint----Consequential remedy of possession----Maintainability of suit----Neither ASJ has passed order in violation of law nor travelled beyond jurisdiction----Validity----On grant of decree of pre-emption Court has to direct for delivery of possession of property to plaintiff from date of payment of decretal amount----Without seeking consequential remedy of possession suit is not maintainable under provisions of Section 42 of Specific Relief Act, is uncalled as instant suit is clearly of pre-emption suit----Mere insertion of words "دعوی استقرار حق"does not bring it within purview of Section 42 of Specific Relief Act. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD IBRAHIM ZIA, JUSTICE:---.--- This appeal by leave of the Court arises out of the judgment of the High Court dated 15.12.2014 whereby the writ petition filed by Respondent No, 1, herein, has been accepted. 2. The brief and necessary facts for disposal of this appeal are that the appellant, herein, filed a suit for pre-emption in respect, of the land comprising Survey No, 153/154, Khewat No. 38, Khata No. 53 measuring 10 kanal 1 marla, in the Court of Civil Judge, Hajira, During pendency of suit, the appellant, herein, filed an application seeking amendment in the plaint regarding prayer for possession, which was objected by the other side. The learned trial Court, rejected the said application vide order dated 8.4.2011. Against the order dated 8.4.2011 a revision petition was filed before the Additional District Judge, Hajria, which was accepted and consequently application for seeking amendment was allowed vide order dated 29.02.2012. Respondent No. 1 challenged the vires of the said order through the writ petition before the High Court. The learned High Court vide impugned order while accepting the writ petition, set-aside the order dated 29.2.2012 and restored the order passed by the Civil Judge, Hajira, hence this appeal by leave of the Court. 3. Sardar Shamshad Hussain Khan, Advocate, the learned counsel for the appellant after detailed discussion of the facts submitted…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492