Law:

Section:

(a) Civil Procedure Code (V of 1908)--------O. VI, R. 17---Amendment of pleadings---Principle---Amendment sought in suit would not only change the nature and character of the suit but it would also nullify the s and decrees passed by the Courts below---Effect---High Court had rightly not allowed such amendment of plaint. Mst. Ghulam Bibi and others v. Sarsa Khan and others PLD 1985 SC 345 distinguished. (b) Specific Relief Act (I of 1877)--- ----Ss. 39 & 42---Constitution of Pakistan (1973), Art.185 (3)---Declaration of title and cancellation of sale-deed-Concurrent findings of fact by the Courts below---Plaintiffs alleged that disputed sale-deed was a result of fraud, misrepresentation and no consideration was paid thus the same was liable to be cancelled---Defendant established through evidence that the sale-deed was registered and consideration was duly paid to the predecessor-in-interest of the plaintiffs---Marginal witness of the sale-deed was produced in Trial Court and real brother of both the parties testified about transaction of sale in favour of defendant---Suit filed by plaintiff was dismissed and the and decree passed by Trial Court was maintained by Lower Appellate Court as well as by High Court---Validity---High Court after going through the entire evidence and discussing the same had correctly concluded that concurrent findings of fact by the Courts below were not result of any misreading or non-reading of evidence---Suit of plaintiffs was rightly dismissed and passed by High Court in exercise of revisional jurisdiction did not suffer from any illegality to warrant interference of Supreme Court---Leave to appeal was refused. Muhammad Shahzad Shaukat, Advocate Supreme Court for Petitioners. Nemo for Respondent. Date of hearing: 27th January, 2005. JUDGMENT M. JAVED BUTTAR, J.--- Petitioners through captioned petitions under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973 are seeking leave to appeal against the common judgment and decrees dated 15-10-2004 passed by a learned Single Judge of Lahore High Court, whereby Revision Petitions Nos.1443-D of 1997 and 1933-D of 1998, under section 115, C.P.C. instituted by…

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