Law: Civil Procedure Code (V of 1908)

Section: 17

Civil Procedure Code (V of 1908)--- ----O. VI, R. 17---Suit for declaration and permanent injunction---Amendment in plaint---Scope---Plaintiff filed application to insert words possession of suit land in the heading of the plaint---Contention of plaintiff was that defendants had possessed suit land forcibly during pendency of suit---Petition for amendment in the plaint was dismissed by the Trial Court but Appellate Court accepted the same---Validity---Plaintiff initially filed a suit for declaration and permanent injunction as suit property was in his possession---Defendants during pendency of suit had possessed suit property forcibly---If proposed amendment was allowed then neither nature of suit nor cause of action would be changed---Appellate Court had rightly allowed the application of plaintiff for amendment in the plaint---No irregularity or illegality had been committed by the Appellate Court while passing the impugned order---Revision was dismissed, in circumstances. JUDGMENT ALI BAIG, J.--- This civil revision petition under Section 115, C.P.C. is directed against the impugned judgment/order dated 02-10-2019 passed by the learned Additional District Judge Gilgit, in C.F.A. No.01/19, whereby, the learned Additional District Judge has set aside the judgment/ order dated 30.11.2018, passed by the learned Senior Civil Judge Gilgit, in Civil Suit No.09/ 2018, and has allowed the petition of the respondent No.1/plaintiff filed under Order VI, Rule 17 read with Section 151, C.P.C. for amendment in the plaint. 2. Precisely facts of the case leading to filing of this civil revision petition are that petitioner No.1/plaintiff had instituted a suit for declaration and permanent injunction regarding certain suit property described in the heading of plaint against the present respondents/defendants in the trial court. The present respondents Nos.1 and 2, being contesting defendants in the suit, contested the suit by filing of their written statement in the trial court. The respondents Nos.3 to 8 have also contested the suit by filing their joint written statement in the trial court. 3. Out of divergent pleadings of the parties, the learned trial court has framed…

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