MAQBOOL AHMAD vs ADDITIONAL DISTRICT JUDGE O — 2025 CLC 1439 LAHORE-HIGH-COURT-LAHORE

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MAQBOOL AHMAD VS ADDITIONAL DISTRICT JUDGE O. VI, R. 17---amendment of pleadings---Principles---Suit for permanent injunction---Subsequent application for amendment to include declaration and challenge to revenue orders---Maintainability---Petitioner sought amendment in the suit after closure of evidence---Upon acceptance of the application by the Trial Court, respondents filed civil revision, which was dismissed---Contention of the petitioner was that the proposed amendment would introduce a new cause of action and change the whole complexion of the suit---Validity---High Court after analyzing various decisions highlighted some important factors, which were only illustrative and not exhaustive, that could be kept in consideration while dealing with the application for amendment; they were (i) the intention of the applicant seeking to amend pleadings; (ii) the question of limitation if applicable; (iii) refusal or acceptance of amendment should not lead to injustice or injury to opponent side; (iv) efforts should be made to avoid multiplicity of litigation; (v) the nature of the suit and cause of action originally set-up, and (vi) if the amendment is necessary for the purpose of determination of the real question in controversy between the parties provided subject matter of suit remains unchanged---Predecessor-in-interest of respondents essentially sought relief that as per mutation he was the owner of the disputed property and the earlier round of litigation initiated in the year 1970, which culminated into passing of a decree, which was not considered by the revenue authorities---amendment as to addition of word "declaration" in the heading of the amended suit, which was already dealt with in detail, the proposed amendments related to those orders or proceedings of the revenue which were allegedly in defiance of the decree already passed and that hardly had any bearing on the subject matter or the nature of the plaint---High Court held that two courts below had not erred in accepting the application for amendment in the plaint and upheld the decisions of the lower courts---Constitutional petition was dismissed, in circumstances.

MAQBOOL AHMAD vs ADDITIONAL DISTRICT JUDGE O — 2025 CLC 1439 LAHORE-HIGH-COURT-LAHORE

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