IFTIKHAR AHMAD vs MUHAMMAD ANWAR S — 2024 CLC 1735 LAHORE-HIGH-COURT-LAHORE

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IFTIKHAR AHMAD VS MUHAMMAD ANWAR S.115 & O.VI, R.17---Specific Relief act (I of 1877), Ss. 42 & 54---Powers of the courts to amend the pleadings qua possession at any stage---Scope---amendments in the pleadings where possession was to be granted only as a consequential relief without altering the core facts or basis of original pleadings---Permissibility---Contention of the petitioner was that since consequential relief by way of possession had not been claimed by the respondent in his plaint, therefore, any amendment to that effect would change the nature and character of the suits and he also raised objections as to maintainability and limitation for filing the application for amendment---Validity---addition of relief of possession in view of alleged development could not be termed as setting up of a new case---Factum of dispossession gelled well with other facts contained in the plaints and by no stretch of imagination it could be considered a change in the nature and complexion of the suit for the reason that natural result of declaration if successful would be that consequential relief had to be given by the court even if same was not claimed, and the Court in such circumstances was bound to call upon the party to amend the plaint to the extent of possession and direct him to pay the court-fee---application under O.VI, R.17, C.P.C., can be entertained and allowed at any stage of the proceedings if the same is necessary for effective decision thereof---amendment can be allowed while ignoring delay whatsoever, even at any stage of proceedings in the trial, and in certain cases amendments can be permitted at the stage of appeal or even in revisional jurisdiction---Keeping in view the beneficial rule, the proposed amendment was expedient for the purpose of determining the real questions involved in controversy between the parties and it did not change the nature of pleadings---alteration in the relief does not ordinarily change the character or substance of the suit, if it is based on the same averments, and if such an amendment is allowed, no injustice can be done to the other party---amendments to pleadings are permissible at any juncture of the legal proceedings, provided they serve to crystallize the substantive issues at hand without transmuting the fundamental character of the original pleadings---Petitioner had failed to point out any illegality in the impugned order---Revision was dismissed, in circumstances.

IFTIKHAR AHMAD vs MUHAMMAD ANWAR S — 2024 CLC 1735 LAHORE-HIGH-COURT-LAHORE

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