Citation Name: 2024 YLR 1122 PESHAWAR-HIGH-COURTBookmark this Case SHAHAB-UD-DIN vs ALAM ZEB O — 2024 YLR 1122 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 YLR 1122 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 1122 PESHAWAR-HIGH-COURTBookmark this Case SHAHAB-UD-DIN vs ALAM ZEB 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

Citation Name: 2024 YLR 1122 PESHAWAR-HIGH-COURTBookmark this Case SHAHAB-UD-DIN VS ALAM ZEB O. VI, R. 17---Specific Relief act (I of 1877), Ss. 42, 8 & 54---Plaint, amendment of--- Scope--- Plaintiffs/ respondents brought a civil suit against the defendants/petitioners for declaration of the suit property, its possession as a consequential relief, cancellation of deeds, and permanent injunction---Petitioners submitted their joint written statement and denied the ownership of respondents--- Respondents, later submitted an application for amendment in their plaint which was contested by the petitioners---However, the petition was accepted by the Trial Court---Said order were maintained in revision---Validity---In their suit, the respondents initially claimed the property as their ancestral ownership and prayed for perpetually restraining petitioners from interference therein---amendment they proposed was that they wanted to add that the suit property was purchased by their father (the maternal uncles of the petitioners) and that he had given it to certain tenants for cultivation---Being plaintiffs in the suit, the respondents could not be prevented from making the proposed amendment in their plaint, particularly when the same was not likely to change the form of the suit---Constitutional petition was accordingly dismissed.

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