Law: Civil Procedure Code (V of 1908)

Section: 152,12(2),OrderII,Rule2(2),OrderXX,Rule3

(a) Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), S.152, O.II, R.2 & O.XX, R.3---Decree for specific performance of sale agreement regarding Khasra numbers specified therein---Agreement containing a clause that any other land of vendor in village would be included in transaction of sale of vendee---Meaning---Judgment announced, scope and finality---Principles---Amendment of decree under S.152, C.P.C., adding therein disputed Khasra numbers not claimed in plaint, but covered by such clause of agreement---Validity---Decree holder had. omitted to claim additional disputed Khasra number on basis of such clause---Decree-­holder could not sue in respect of claim so omitted due to bar contained in O.II, R.2, C.P.C.---Provision of S.152, C.P.C. would be attracted in case of accidental slip, arithmetical or clerical mistake in and decree---Decree-holder had invoked provision of S.152, C.P.C. to bring disputed Khasra numbers within ambit of suit and decree---Judgment once announced could not be altered---Omission or mistake of decree holder in suit could not be corrected by invoking provision of S.152, C.P.C.---Question involved was contentious, decision whereof would depend on answers to arguable questions of law, construction of documents, determination of right, thus, provision of S.152, Cr.P.C. would not be attracted thereto---High Court set aside impugned order and restored judgement and decree passed by civil court. Baqar v. Muhammad Rafique and others 2003 SCMR 1401; Muslim Commercial Bank Ltd. v. Continental Engineers Ltd. and others PLD 1992 Lah. 261; Banque Indo-Suez v. Rehmani Brothers 1993 CLC 1257; Kedarnath Lal and another v. Sheonarain Ram and others AIR 1957 Patna. 408; Ganpat v. Dadda and others AIR 1920 Nag. 92; AIR 1925 Nagpur 274; Haider Ali and another v. Akbar Ali and another PLD 1973 Lah.546; Mian Tahir Shah and another v. Additional District Judge, Swabi and others 1998 SCMR 858; Industrial Development Bank of Pakistan through Deputy Chief Manager v. Saadi Asmatullah and others 1999 SCMR 2874; Muhammad Khan and another v. Muhammad Nawaz through Legal Heirs 2001 MLD 844; Muhammad Imtiaz v. Nasir Ali and others…

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