Law: Civil Procedure Code (V of 1908)

Section: O.VI,r.17

Law: Civil Procedure Code (V of 1908)

Section: O.VI,r.17

Specific Relief Act (I of 1877)-------Ss. 8 & 42---Civil Procedure Code (V of 1908), O.VI, R.17---Suit for declaration. without claiming possession as consequential relief---Application for amendment in plaint---Scope--.-Plaintiff filed suit for declaration of his proprietary interest in shop which was owned by his deceased father---Defendants, who were plaintiff's deceased brother's legal heirs filed a separate suit claiming therein that deceased father of plaintiff, who was grandfather of defendants, was a Benami owner of disputed shop which actually belonged to father of defendants---Trial Court decreed the suit---On appeal thereagainst Appellate Court not only dismissed appeal but non-suited plaintiff on ground that he had sought simple declaration without claiming possession as consequential relief---Plaintiff along with civil revision filed application to amend prayer in his plaint to seek possession of his share in disputed shop and contended that he was entitled to seek amendment in plaint/prayer at any stage---Validity---Plaintiff was not to be' non-suited simply because he had not prayed for possession of disputed property through partition---Controversy between the parties essentially related to denial of plaintiff's interest by defendants and prayer was only consequential to determination of aforesaid controversy---Plaintiff's suit was allowed to be converted into a suit for possession through partition and he was allowed to file his amended plaint before Trial Court---Suit was remanded to Trial Court for proceeding in the matter with object of deciding the same as a partition suit. Mst. Ghulam Bibi and others v. Sarsa Khan and others PLD 1985 SC 345 rel. Muhammad Amin Lone for Petitioner. Sh. Talib Hussain for Respondent No.1. Sajid Mehmood Sheikh for contesting Respondents. Date of hearing: 14th February, 2005. JUDGMENT JAWWAD S. KHAWAJA, J.--- Ch. Naveed Hussain petitioner/plaintiff impugns the appellate decree dated 3-12-2003 passed by the learned Additional District Judge, Lahore. 2. The petitioner is the son of Ashiq Hussain. It is his case that Shop No.51 in Sabzi Mandi belonged to the said Ashiq Hussain, and as such, he being legal heir…

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