Amended pleadings

2017 MLD 1787 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

O. VI, R. 17Specific Relief Act (I of 1877), Ss. 12 & 42Amended pleadingsTime/date of effectivenessScope

Plaintiffs had contended that their pleadings was amended with the permission of court, after 15 years of filing of suit as from the day of filing suit for declaration to suit of specific performance

Plaintiffs further submitted that two courts below had disregarded the un-rebutted evidence of the plaintiffs regarding execution of sale deed, payment under the sale deed and delivery of possession etc

Validity

Non-suiting the plaintiffs for the reason that amendment was sought after 15 years of filing the suit, principle of amendment of pleadings was that if the amendment was granted; same would take effect from the day of filing of suit

View that suit was amended after 15 years of filing of the same and on that ground non-suiting the plaintiffs, was not sustainable under the law

Both courts below had wrongly applied the settled law against the plaintiffs

When plaintiffs had fully proved the execution of sale deed, delivery of possession under the sale and payment of consideration amount, they were entitled to the decree for specific performance

No doubt the draft sale deed was not signed by the predecessor of petitioners/original plaintiff and it was not the requirement of law that sale deed should be signed by the vendees, therefore, when it was treated as an agreement to sell the principle that it should be signed by the vendees was not applicable in the circumstances of the case, as the full consideration amount was paid and possession was delivered and no act was required to be done by the vendees/plaintiffs, therefore, it was not a defect

Judgment and decree of the two courts below were set aside

Revision was allowed accordingly..