| Case ID |
0c7b866e-1416-4386-8985-35b7c10e9546 |
| Body |
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| Case Number |
Civil Revision No. 1234 of 2010 |
| Decision Date |
Mar 08, 2012 |
| Hearing Date |
|
| Decision |
The Lahore High Court examined the petitioner's appeal against the trial court's acceptance of an amendment application that sought to change the nature of the suit. The original suit was for cancellation of a document with permanent and consequential relief, and during the proceedings, the plaintiff sought to amend the prayer clause to include a request for possession of the disputed property. The court ruled that such amendments, which could fundamentally alter the character of the suit or introduce a new cause of action, cannot be allowed. The High Court found that the trial court had committed an oversight in allowing the amendment, as the plaintiff failed to provide any evidence of possession of the property in question. Consequently, the High Court set aside the trial court's order, allowing the revision. |
| Summary |
In this case, the Lahore High Court dealt with important issues surrounding the amendment of pleadings under the Civil Procedure Code and the Specific Relief Act. The case arose from a civil revision filed by the Defence Housing Authority against a trial court's decision to permit an amendment in a suit for cancellation of a document. The plaintiff, Muhammad Akram, sought to add a request for possession of the property in question as consequential relief. However, the High Court found that such an amendment would change the fundamental nature of the suit and was not supported by evidence. This decision emphasizes the necessity of adhering to procedural laws and the importance of substantiating claims with relevant documentation, aligning with trending legal principles surrounding property law and civil procedure. The ruling highlights the need for stringent criteria regarding amendments to ensure the integrity of the judicial process. |
| Court |
Lahore High Court
|
| Entities Involved |
DEFENCE HOUSING AUTHORITY,
MUHAMMAD AKRAM
|
| Judges |
CH. SHAHID SAEED, J
|
| Lawyers |
Tariq Masood,
Nusrat Javed Bajwa
|
| Petitioners |
DEFENCE HOUSING AUTHORITY
|
| Respondents |
MUHAMMAD AKRAM
|
| Citations |
2012 SLD 2409,
2012 YLR 1671
|
| Other Citations |
PLD 2005 Supreme Court 787
|
| Laws Involved |
Civil Procedure Code,
Specific Relief Act
|
| Sections |
O.VI R 17,
39
|