2020 C L C 1184
[Lahore]
Civil Procedure Code (V of 1908)---
---O. VI, R. 17---Specific Relief Act (I of 1877), Ss. 42 & 39---Suit for declaration and cancellation of document---Amendment in plaint---Plaintiffs during pendency of suit filed application for amendment in the plaint and prayer clause seeking possession of suit property which was allowed---Contention of defendant was that proposed amendment had changed the nature of suit---Validity---Court was to be liberal in allowing amendment in the pleadings which were necessary to determine the matter in issue---No suit be dismissed for the reason that a portion of relief to which the party was entitled had not been claimed in the plaint---Court for amendment of plaint had to examine whether it would substitute or change a cause of action on the basis of which lis had been instituted---Proposed amendment in the present case would not introduce a new cause of action rather same were necessary to decide the real matter in controversy---Plaintiffs were not in possession on the suit property and they should have prayed for the said relief in the plaint---Character of the suit would not change by way of proposed amendment in the present case as suit for declaration could be treated as a suit for specific performance---Party could not be allowed to substitute a new cause of action or introduce a cause of action distinct from the one which was the basis of the suit---Impugned orders had been passed in accordance with law---Constitutional petition was dismissed, in circumstances.
Mst. Ghulam Bibi and others v. Sarsa Khan and others PLD 1985 SC 345; Keramat Ali and another v. Muhammad Yunus Haji and others PLD 1963 SC 191 and Ahmad Din v. Muhammad Shafi and others PLD 1971 SC 762 rel.
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