ABDUL SALEEM vs ABDUL AZIZ O — 2021 MLD 1001 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 MLD 1001 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: MLD
Parties: ABDUL SALEEM vs ABDUL AZIZ O
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABDUL SALEEM VS ABDUL AZIZ O.VI, R.17---amendment in plaint---Principle---Plaintiff/respondent sought amendment in plaint which was declined by Trial Court but Lower appellate Court allowed the same---Validity---Only rider was that party could not be allowed to substitute a new cause of action or introduce a cause of action distinct from the one which was basis of suit and such was not situation of plaintiff/respondent--- Suit property belonged to forefathers of parties and defendants/petitioners were sons of plaintiff/respondent who were so-called legal heirs of their grandfather---Plaintiff/respondent was not in possession therefore, he should have prayed or relief in plaint---Such defect was pointed out in written statement that plaintiff/respondent was out of possession, therefore, amendment in prayer clause was made so as to insert relief of possession---addition of relief of declaration and possession in suit did not in any manner changed character of the suit nor introduced any new cause of action---High Court declined to interfere in order passed by Lower appellate Court in exercise of its revisional jurisdiction---Constitutional petition was dismissed, in circumstances.

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