Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.17

(a) Civil Procedure Code (V of 1908)--- ----O. VI, R.17---Amendment of pleadings, pending appeal---Scope---Substitution of relief of declaration and possession with perpetual injunction---Scope---Suit for perpetual injunction was dismissed by Trial Court---Plaintiff filed appeal against the of Trial Court and during pendency of appeal filed application for amendment in the plaint to the extent of addition of relief of declaration and possession of suit land by deleting words perpetual injunction in the plaint---Validity---Addition of relief of declaration and possession in the suit did not in any manner change the character of suit or introduce any cause of action---Appellate Court had rightly allowed the requisite amendment in the plaint. (b) Civil Procedure Code (V of 1908)--- ----O. VI, R.17---Amendment of pleadings, allowing or refusal of---Principles enumerated. Following are the principles for allowing or declining the amendment in the pleadings: (1) Amendment would be allowed at any stage of case if it did not change the cause of action of suit or nature of suit. (2) Amendment would be allowed to seek consequential relief arising from the cause of action originally included in the plaint. (3) Amendment would also be allowed to add relief available to the plaintiff even before higher court of jurisdiction and (4) Amendment would also be allowed for converting a suit from one relief to another i.e., if suit was filed for declaration, same could be converted into possession, etc. THIS JUDGMENT DELIVERED BY: ALI BAIG, JUSTICE:---.--- Through the instant civil revision petition, the petitioner/defendants have challenged the validity of judgment/order, dated 30-9-2015 passed by the learned Additional District Judge, Skardu whereby the learned 1st appellate court has remanded the suit of the present respondent No.1/plaintiff to the trial court by accepting application of the present respondent No.1/plaintiff filed under Order VI Rule 17, C.P.C. for amendment in the plaint. Brief facts of the case are that the present respondent No.1/ plaintiff filed a suit for perpetual injunction against the petitioners/defendants in the trial court to the effect that the…

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