Minor omission in pleadings

2013 YLR 2372 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S.42Civil Procedure Code (V of 1908), O.VI, R.17Suit for declarationMinor omission in pleadingsEffectLand was transferred through gift deed by father in favour of his two sonsThird son of the donor made interpolation in revenue record by inserting his name as one of the donees of gift deedOriginal two donees filed suit which was decreed in their favour and upheld upto the Supreme Court

Defendant filed application praying that possession of land handed over to plaintiffs was not mentioned in the plaint, whereof the suit was decreed

Application of the defendant was allowed and trial Court directed to hand over back the property to defendant

Application for amendment of pleadings filed by plaintiff was dismissed

Validity

Decree passed in suit was executed and the entire land owned by father of plaintiff's which was gifted by him in favour of plaintiffs was restored

After lapse of quite some time the defendant moved an application for restoration of some piece of land to him as the same were not mentioned in the plaint in terms whereof the suit was decreed

Trial Court had already held that no portion of land owned by donor father was ever gifted to defendant

Plaintiffs were being deprived of their valuable property for a minor omission and the same was being given to person who had already been declared as not entitled to the same

Minor omission in the plaint would not help the defendant as he had made interpolation in record

Defendant had not shown any right or title to the donated land, therefore he was not entitled to get possession of a piece of land to which he was not entitled

Application by the defendant before Trial Court was dismissed.