Law:

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Civil Procedure Code (V of 1908)-------O. VI, R. 17---Specific Relief Act (I of 1877), S.12---Amendment of plaint---Fact not in issue---Suit for specific performance of agreement to sell---Plaintiff sought amendment to state in the plaint that suit-land was mortgaged with a bank and defendant had transferred same to a third person---Trial Court dismissed the application---Validity---Application for amendment was frivolous---Existence or otherwise of mortgage had no relevance with the controversy reflected in the issues framed by Trial Court---Even if it be assumed that the land was mortgaged with a bank, the transfer in favour of third person would be subject to the same and it could not be stated to be void and illegal on such ground---High Court declined to interfere with the order passed by Trial Court. Mian Saeed Ahmad for Petitioners. Sahibzada Mehboob Ali Khan for Respondent. Date of hearing: 20th April, 2006. JUDGMENT MAULVI ANWARUL HAQ, J.--- On 3-1-1996 the petitioners filed a suit against the respondent and one Zain-ud-Din (not impleaded) for specific performance of an agreement to sell dated 19-6-1994. It was stated in the plaint that the land has been transferred by the said Zain-ud-Din to the present respondent vide Mutation No.606 attested on 15-3-1995. This suit was contested by both the said defendants by filing written statement. Issues were framed on 25-9-1996. Evidence of both the parties was recorded. At this stage, an application was filed by the petitioners for amendment of the plaint under Order VI, Rule 17, C.P.C. It was sought to be stated in the plaint that the land was mortgaged with United Bank Limited for Rs.55,000. The application was resisted. The learned…

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