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Search Results: Categories: Amendment in Plaint (31 found)
Iftikhar Ahmad Vs Muhammad Anwar etc
Citation: 2024 LHC 2864, 2024 CLC 1735
Case No: Civil Revision 20763/24
Judgment Date: 30-05-2024
Jurisdiction: Lahore High Court
Judge: Justice Muhammad Sajid Mehmood Sethi
Summary: Amendment in pleadings --- The petitioner challenged the order dated 02.03.2024 by the Additional District Judge, Sialkot, which allowed the respondent's application for amendment of pleadings and remanded the consolidated judgment and decree of the Trial Court dated 30.03.2023. The respondent had filed suits for declarations and permanent injunctions concerning property ownership and alleged unauthorized constructions by other parties, including the petitioner.
---Issues:
1. Whether the amendment of pleadings changing the nature and character of the original suits was permissible under the law.
2. Whether the appellate court's decision to remand the case for fresh consideration post-amendment was justified.
----Holding/Reasoning/Outcome:
The High Court held that the amendment sought by the respondent, which included a claim for possession based on alleged dispossession during the pendency of the suits, did not alter the fundamental nature of the original suits. It was deemed a necessary clarification of the relief sought, which is permissible under the law if it helps determine the real questions in controversy and does not inflict injustice upon the other party.
----Outcome: The petition was dismissed, upholding the lower appellate court’s order to allow amendment of the pleadings and remand the case for further proceedings. The court emphasized that such amendments serve the interests of justice by clarifying the issues for determination without fundamentally changing the case's nature.
----Citations/Precedents:
Saddaruddin (deceased) through LRs v. Sultan Khan (deceased) through LRs and others, 2021 SCMR 642
Sultan Muhammad and another v. Muhammad Qasim and others, 2010 SCMR 1630
Mst. Arshan Bi through Mst. Fatima Bi and others v. Maula Bakhsh through Mst. Ghulam Safoor and others, 2003 SCMR 318
Altaf Hussain alias Mushtaq Ahmed v. Muhammad Din and others, 2010 CLC 1646
Asif Hussain and another v. Mst. Bakho alias Bakhto (deceased) through Legal Heirs, 2021 YLR 573
Khalid & Company through Proprietor v. Cantonment Board, Malir through President, Commander Station Headquarter, Malir Cantonment and Cantonment Executive Officer, Karachi, PLD 2002 Karachi 502
Muhammad Anwar and another v. Additional District Judge, Toba Tek Singh and 4 others, 2012 CLC 1976
Muhammad Mian v. Syed Shamimullah and 2 others, 1995 SCMR 69
Ahmad Din v. Muhammad Shafi, PLD 1971 SC
Zubaida Bibi v. Hashmat Bibi, 1993 SCMR 1882
Muhammad Saleem Naseem v. Additional District Judge, Dunyapur and 12 others, 2021 CLC 87
Ahmed Bakhsh v. Imam Bakhsh and others, 2023 CLC 1076