Lawkidunya Banner

Application Under Order 6, Rule 17 Read With Section 151 CPC

APPLICATION UNDER ORDER 6, RULE 17 READ WITH SECTION 151 CPC

Application Under Order 6, Rule 17

Civil Case No: __________/2020
In Re:
Jamshed Iqbal S/o Rasheed Bhatti R/O Millat Nagar Ghari Shah Lahore
PLAINTIFF
VERSES
Haji Maqbool Iqbal Butt S/o Jameel Akbar Butt R/o 34-Iqbal Naghar Township Lahore
DEFENDANT
(SUIT FOR DECLARATION WITH PERMANENT INJUNCTION)
APPLICATION UNDER ORDER 6, RULE 17 READ WITH SECTION 151 CPC FOR THE AMENDMENT OF THE ABOVE TITLED PLAINT, WHICH IS PEMDING BEFORE THIS HON’ABLE COURT

Respectfully Sheweth,

  1. That the above title suit is pending before this Honorable Court and fixed for 14.01.2009.
  2. That some amendments have become necessary to be made in the above title d plaint for final and fair determination of the suit, permission may kindly be granted as proposed.
  3. That the heading of the suit is required to be replaced by the following amendment:-
    “Suit for Declaration of title of Plot No. 9-C Jubilee Town Scheme Lahore with consequential relief of Possession, Permanent Injunction and Compensation/Damages of Rs. 50,00,000/-“
  4. That following paragraph is to be added alter paragraph No. 8 of the plaint, which is reproduced as under:-
    8-A—– That the defendants No 1 to 4 in conspiracy hatched up with the defendant No. 5 (LDA) and Sub-Registrar Allama Iqbal Town Lahore obtained fraud, fictitious power of attorney as per document No. 21365 Book No. 326 Volume No. 25 Dated: 21.03.2009 on the behalf of the plaintiff (original allotee) in favour of Imran Rafique S/o Rafique Ahmed then transferred the plot No. 9-C Jubilee Town Scheme Lahore to defendant No. 4/Muhammad Bashir son of Ghulam Farid, so by Fraud, Misrepresentation, the defendants have deliberately, intentionally, Malafidely, Dishonestly, Maliciously with ulterior motives of causing wrongful gain to them has made the plaintiff suffer harassment, hardship and torture which constitute to recover damages/compensation of Rs. 50,00,000/- as mental torture and harassment and expenses of the suit and air travel from England to Pakistan.
    8-B—– That the plaintiff, original allottee made application before the District and Session Judge as power under Justice of Peace, Lahore for lodging FIR against the defendants and in compliance of order dated 19.02.2009 passed by Mr. Pervaiz Ahmed Sipra, Additional District & Session Judge Lahore FIR No. 2120/09 dated: 02.02.2009 under section 420/468/471 PPC against the defendants No. 1 to 3 at Police Station Lower Mall Lahore, copy of said FIR is attached for the kind perusal of this Honorable Court.
  5. That the proposed amendment in prayer of the plaint is as under:-
    “It is prayed that this Honorable Court may pass Judgment and Decree in the favour of Plaintiff and against the Defendants as under:-
    a. Declaring that the power of attorney dated 21.03.2009 based upon fraud, Misrepresentation, that may kindly be cancelled and on the basis of that forged, fictitious power of attorney, the allotment in favour of defendant No. 4 may also be cancelled in the interest of Justice and fair play.
    b. Directing the defendant No. 4 to handover vacant possession of the plot No. 9-C Jubilee Housing Scheme, Lahore in the interest of Justice.
    c. Declaring the defendants jointly and severally responsible to pay damages/compensation to the plaintiff (original allottee) to the tune of Rs. 50,00,000/-
    d. Any other relief which Honorable Court deems fit and proper may also be awarded.
    e. Costs of the suit may also be awarded.
  6. That the above mentioned amendments are utmost necessary for the just decision of the case and it is settled principle of law that amendment of suit could be filed any stage of the case even before the Supreme Court Reliance is placed on 2010-CLC-1646.
  7. That the above mentioned amendments would not change the complexion of the case in any manner whatsoever, as they are based on the actual facts of the case.

It is humbly submitted that the application in hand may kindly be accepted and allow the plaintiff to make amendments in the plaint in the above titled suit in the interest of justice.
Any other relief which this Honorable Court deems fit may also be awarded.

PETITIONER / PLAINTIFF
Through
CH. MUHAMMAD SHAHID BHALLI
Advocate High Court
Mob: 0301-6001125
Chamber No. 3 First Floor Adnan Center,
Model Town Link Road Lahore

Leave a Reply

Your email address will not be published. Required fields are marked *