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FAREED KHAN vs GUL DARAZ O — 2023 PLD 105 PESHAWAR-HIGH-COURT

Case information

Citation
2023 PLD 105 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2023
Reporter
PLD
Parties
FAREED KHAN vs GUL DARAZ O
Subject matter
Civil
Provisions referred to
S. 42---S

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

FAREED KHAN VS GUL DARAZ O. VI, R. 17---Specific Relief act (I of 1877), S. 42---Suit for declaration---amendment in plaint---Scope---Plaintiff instituted two separate suits however the second suit was rejected by the Trial Court on the ground that the previously instituted suit was pending between the same parties and in respect of the same subject matter, therefore, the relief sought in the second suit, i.e. challenge to the pedigree table could be made in the prior suit, after seeking amendment of plaint---Trial Court allowed the amendment in earlier suit---Revisional Court rejected the revision petition filed by defendant---Validity---Rule 17 of O. VI, C.P.C. had given ample power to the court to allow amendments in the pleadings to conclusively and effectively decide the controversy between the parties---Proposed amendment was not only just but also necessary to resolve the actual controversy between the parties---However, after permission of amendment, the plaintiff had drastically changed the entire complexion of the suit and instead of adding the relief regarding challenging the pedigree table in the plaint, he had submitted altogether a new plaint which was not permissible under the law---amended plaint was rejected/canceled and the plaintiff was directed to submit a plaint by only adding a para in respect of challenging the pedigree table and adding Collector as party to the original plaint---Impugned orders were maintained---Writ petition was partially allowed.

Other judgments reported in 2023 PLD

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