Law: Civil Procedure Code (V of 1908)

Section: VI,17

Law: Specific Relief Act (I of 1877)

Section: 8,42,54

(a)    Civil Procedure Code (V of 1908)-------O. VI, R. 17---Specific Relief Act (I of 1877), Ss. 42, 8 & 54---Plaint, amendment of--- Scope--- Plaintiffs/ respondents brought a civil suit against the defendants/petitioners for declaration of the suit property, its possession as a consequential relief, cancellation of deeds, and permanent injunction---Petitioners submitted their joint written statement and denied the ownership of respondents--Respondents, later submitted an application for amendment in their plaint which was contested by the petitioners---However, the petition was accepted by the Trial Court---Said order were maintained in revision---Validity---In their suit, the respondents initially claimed the property as their ancestral ownership and prayed for perpetually restraining petitioners from interference therein---Amendment they proposed was that they wanted to add that the suit property was purchased by their father (the maternal uncles of the petitioners) and that he had given it to certain tenants for cultivation---Being plaintiffs in the suit, the respondents could not be prevented from making the proposed amendment in their plaint, particularly when the same was not likely to change the form of the suit---Constitutional petition was accordingly dismissed.Mst. Ghulam Bibi and others v. Sarsa Khan and others PLD 1985 SC 345 and Lahore Development Authority and others v. Sultan Ahmad and others 2007 SCMR 1682 rel.(b)    Civil Procedure Code (V of 1908)-------O. VI, R. 17---Amendment in pleadings---Principles---Words at any stage of the proceedings, may be given liberal interpretation---A proposed amendment must be shown as essential for determination of the real questions in the case---If amendment is necessary for the purpose of the real question in the controversy, it becomes obligatory on the Court to allow amendment---A proposed necessary amendment shall not change the nature of the suit so as to introduce a new cause of action---It is natural that an amendment tends to cease inconvenience to the opposite party, hence it might be allowed on just and appropriate costs to the opposite party---The…