Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Civil Procedure Code (V of 1908), O.VI, R.17---Suit for declaration and permanent injunction---Plaintiff applying for amendment in prayer clause of his plaint seeking addition of prayer for restoration of possession by deleting prayer of demolishing and encroachment---Entitlement---Amendment sought by plaintiff was up to the extent of addition in prayer clause---By allowing such amendment neither nature of suit would change nor cause of action would be affected---.Relief of possession was consequential relief for declaration--­Amendment sought by plaintiff being of technical nature, no further evidence would be required---Application for amendment filed by plaintiff was allowed with specified costs---Plaintiff was further directed to amend para. of plaint relating to market value and to reassess the same for purpose of paying court­fee on additional relief of possession. Ahmad Din v. Muhammad Shafi and others PLD 1971 SC 762; Keramat Ali and Another v. Muhammad Yunus Haji and others PLD 1963 SC 191; National Shipping Corporation v. Messrs A. R. Muhammad Siddik and another 1974 SCMR 131; 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 Mian v Syed Shamimullah and others 1995 SCMR 69 and Zubaida Bibi v. Hashmat Bibi 1993 SCMR 1882 rel. ORDER This is an application under Order VI, Rule 17 read with section 151 of the Civil Procedure Code, 1908 filed by the plaintiff seeking amendment in clause (ii) of the prayer clause in the plaint. Plaintiff is seeking addition of the prayer for restoration of the possession by deleting the prayers of "demolishing the encroachment". The reason given in the supporting affidavit by the plaintiff is that at the time of filing of this suit, this prayer was not included due to oversight and inadvertence. The plaintiff has filed this suit for declaration and permanent injunction against the defendants in respect of Plot No. 1-A, 1st North Street, North Circular Avenue, Defence Housing Authority, Karachi measuring 2257 square yards. 2. I have heard Mr. Abul Khair Ansari, Advocate for the plaintiff,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492