Law: Specific Relief Act, 1877

Section: 39,42&54

Specific Relief Act (I of 1877)--- ----Ss.39, 42 54---Civil Procedure Code (V of 1908), O.VI, R.17---Amendment of plaint---Principles---Suit for cancellation of Hiba (gift) Deed, declaration and injunction was filed by respondent/plaintiff regarding suit property/plaintiff filed application to amend her plaint to include her prayer of restoration of possession on the plea that she was illegally dispossessed by petitioner/defendant from suit property---Lower Appellate Court allowed to respondent/plaintiff to amend her plaint---Validity---All rules of Civil Procedure Code, 1908, are geared towards securing proper administration of justice and were always to be interpreted with such aim and purpose--- Discretionary power conferred under O.VI, R.17, C.P.C. on a Court has to be only exercised in consonance with and in the light of judicial principles contained in judicial precedents--- Amendment in pleadings may be allowed where multiplicity of suits can be avoided; amendment does not alter subject matter of suit or cause of action of suit; does not take away any accrued right; plaintiff becomes entitled to further relief by reason of events subsequent to filing of suit; cause of action needs amplification; interest of safe and accurate administration of justice so requires; on account of plaintiffs evidence a new statutory line of defence gets triggered; no injustice is caused; and relief is inadvertently left out---Such list is not exhaustive but just to cataloguing instances where it would be in line with trite and established law to allow amendment in pleadings under O.VI, R.17, C.P.C.---High Court declined to interfere in the order passed by Lower Appellate Court---Constitutional petition was dismissed, in circumstances. Syed Muhammad Ali and others v. Syed Dabir Ali and others 2016 SCMR 2164; Haji Sultan Majeed (Decd) through Mehboob Sultan and Habib Sultan and others v. Mst. Shamim Akhtar (Decd) through Mah Jabeen and others 2018 SCMR 82; Karamat Ali and another v. Muhammad Yunus Haji and others PLD 1963 SC 191; Muhammad Mian v. Syed Shamimullah and 2 others 1995 SCMR 69; Muhammad Fayyaz v. Hafiz Liaqat Ali and 5 others 2020 CLC 1184; Syed Nazir Ali Rizvi v.…

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