Syed Zaheer Hussain Naqvi vs Civil Judge, West Islamabad S — 2024 MLD 1527 ISLAMABAD

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Syed Zaheer Hussain Naqvi VS Civil Judge, West Islamabad S. 12---Civil Procedure Code (V of 1908), O. II, Rr. 2, 3 & O.VI, R.17---Suit for specific performance of agreement to sell---Amendment of pleadings---Amplification of cause of action---Petitioner / plaintiff was aggrieved of order passed by Trial Court declining permission to amend plaint---Validity---Amendment to plaint by way of addition of details of sale agreements of petitioner / plaintiff made with and/or payments made to respondents / defendant and their alleged refusal of respondents to perform their obligations toward petitioner / plaintiff and relief arising therefrom did not change cause of action as alleged in the suit---Proposed amendments could at the best be described as an 'amplification' of cause of action which did not change main substance, nature, complexion or character of the suit---Alleged refusal of respondents to perform their respective obligations under the Compromise Deed as per Explanation to O.II, R.2, C.P.C. would be deemed to constitute same cause of action as the one alleged by way of the subject suit---At the very least such would constitute a cause of action which was part of same transaction or series of transactions as involved in the suit which could be joined under O.II, R.3, C.P.C.---Relief arising from such alleged cause of action could be sought in pending suit so as to afford ground for final decision upon all subjects in dispute and prevent further litigation as per the objective enshrined in O.II, R.1, C.P.C.---High Court in exercise of revisional jurisdiction set aside order passed by Trial Court and application of petitioner/plaintiff under O.VI, R.17, C.P.C. for proposed amendments was allowed---High Court directed petitioner / plaintiff to file amended memorandum of plaint as per proposed amendments whereafter Trial Court would allow respondents / defendants an opportunity to amend their written statements if they so requested---Revision was allowed accordingly.

Syed Zaheer Hussain Naqvi vs Civil Judge, West Islamabad S — 2024 MLD 1527 ISLAMABAD

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