Law: Specific Relief Act, 1877

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: 115,17

Specific Relief Act (I of 1877)--- ----Ss. 42 54---Civil Procedure Code (V of 1908), S. 115 O. VI, R. 17--- Suit for declaration and injunction---Amendment of pleadings---Petitioner/plaintiff was aggrieved of order passed by Lower Appellate Court declining to amend pleadings and setting aside of and decree passed by Trial Court in favour of petitioner/plaintiff---Validity---While deciding application for amendment of pleadings, Court was to keep in view the interest of justice and was to allow the case to run on correct lines for decision of real controversy---Amendment could be allowed while ignoring delay even at any stage of the proceedings in trial and in certain cases, amendments were permitted at the stage of appeal or even in revisional jurisdiction---In view of beneficial rule, proposed amendment was expedient for the purpose of determining real questions in controversy between the parties and it was not changing the nature of pleadings---Occasion for amendment only arose upon acceptance of application of respondent/defendant for bringing a new document on record---Petitioners/plaintiffs request for amendment in such situation could not have been refused---High Court allowed petitioner/plaintiff to amend the pleading and remanded the matter to Trial Court for decision afresh after setting aside s and decrees passed by two Courts below---Revision was allowed accordingly. Mst. Ghulam Bibi and others v. Sarsa khan and others PLD 1985 SC 345; Mst. Barkat Bibi v. Khushi Muhammad and others 1994 SCMR 2240; Muhammad Abdullah Khan Niazi v. Rais Abdul Ghafoor and others PLD 2003 SC 379; Abaid Ullah Malik v. Additional District Judge, Mianwali and others PLD 2013 SC 239; Manzoor Hussain and others v. Mst. Fazloon Bibi and others 2020 CLC 2001 and Muhammad Saleem Naseem v. Additional District Judge, Dunyapur and 12 others 2021 CLC 87 rel. JUDGMENT MUHAMMAD SAJID MEHMOOD SETHI, J.---Through instant revision petition, petitioner has assailed vires of judgment and decree dated 13.06.2019, passed by learned Additional District Judge, Lodhran, whereby respondents appeal against judgment and decree dated 15.11.2017, decreeing the suit of petitioner, was accepted and…

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