AYESHA vs ADDITIONAL SESSIONS JUDGE, SIALKOT Ss — 2022 CLC 327 LAHORE-HIGH-COURT-LAHORE

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AYESHA VS ADDITIONAL SESSIONS JUDGE, SIALKOT Ss.39, 42 & 54---Civil Procedure Code (V of 1908), O.VI, R.17---amendment of plaint---Principles---Suit for cancellation of Hiba (gift) Deed, declaration and injunction was filed by respondent/plaintiff regarding suit property---Respondent/plaintiff filed application to amend her plaint to include her prayer of restoration of possession on the plea that she was illegally dispossessed by petitioner/defendant from suit property---Lower appellate Court allowed to respondent/plaintiff to amend her plaint---Validity---all rules of Civil Procedure Code, 1908, are geared towards securing proper administration of justice and were always to be interpreted with such aim and purpose--- Discretionary power conferred under O.VI, R.17, C.P.C. on a Court has to be only exercised in consonance with and in the light of judicial principles contained in judicial precedents--- amendment in pleadings may be allowed where multiplicity of suits can be avoided; amendment does not alter subject matter of suit or cause of action of suit; does not take away any accrued right; plaintiff becomes entitled to further relief by reason of events subsequent to filing of suit; cause of action needs amplification; interest of safe and accurate administration of justice so requires; on account of plaintiff's evidence a new statutory line of defence gets triggered; no injustice is caused; and relief is inadvertently left out---Such list is not exhaustive but just to cataloguing instances where it would be in line with trite and established law to allow amendment in pleadings under O.VI, R.17, C.P.C.---High Court declined to interfere in the order passed by Lower appellate Court---Constitutional petition was dismissed, in circumstances.

AYESHA vs ADDITIONAL SESSIONS JUDGE, SIALKOT Ss — 2022 CLC 327 LAHORE-HIGH-COURT-LAHORE

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