Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.VI R 17---Specific Relief Act (I of 1877), S. 39---Amendment of pleadings---Scope---Suit for cancellation of document with permanent and consequential relief---Application of the plaintiff for amendment in the plaint was accepted by Trial Court---Contention of the plaintiff was that when the suit was filed, he was in possession of the suit property but during pendency of the suit, he was dispossessed due to which said amendment was sought---Validity---Amendments that change the nature or complexion of the suit or such that introduce a new cause of action could not be allowed, and Trial Court, in the present case, had committed an oversight---Plaintiff had not produced any document to show that he had ever been in possession of the property in dispute---Plaintiff, through the proposed amendment, sought possession of the suit property as a consequential relief and if such amendment was allowed, the suit would be treated as a suit for recovery of possession and the proposed amendment would change the nature of the suit---Fundamental character of the suit including the subject-matter and cause of action could not be allowed to be substituted though the plaintiff's proposed amendment---High court set aside order of Trial Court---Revision was allowed accordingly. ORDER CH. SHAHID SAEED, J.---Brief facts of the case are that that respondent No.1 filed a suit for cancellation of document with permanent and consequential relief. On 15-2-2007 written statement was filed by the petitioner/defendant. During the pendency of the suit respondent/plaintiff filed an application under Order VI Rule 17 read with section 151, C.P.C. for adding the following phrase in the prayer clause of the plaint. "It is further that possession of property in dispute may also be handed over to the plaintiff as consequential relief". The claim of the respondent was that when the suit was filed by the plaintiff was in possession of the suit property but during the pendency of the suit he was dispossessed due to which amendment in the plaint was sought. Written reply was filed by the petitioner in the said application. Learned trial court after hearing…

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