Section 43 Special Relief Act (I of 1877), Section 42 Civil Procedure Code (V of 1908), O VI, R 17 Suit for collection consideration and recovery of damages after giving Wendy a gift in favor of her vendor. Has filed a lawsuit. Relinquishment of suit property after the death of the shopkeeper (his father) after the death of the donor (his father) to be defective and void, relief by the seller in the declaration of title on the basis of the sale The plaintiff's modification application for the acquisition may be allowed at any stage of the proceeding if it is necessary to determine the real questions between the parties. Disallowing genuine and appropriate amendments will create legal difficulties for applicants under OII, R2, CPC, and the factual constructive justice judicial modification case cannot be ruled out for specific performance. The suit can be converted into a declaration suit and, on the contrary, the increase of relief in the declaration of the suit will not alter the nature of the order suit. In the present case, the statement cannot be ruled out by the claimant because the modification requirement It is prayed by the plaintiff that the amendment requested by the plaintiff will be avoided. Future legal complications under o II, R 2, CPC and constructive race jostata allow the plaintiff to file a modified case
Related judgments — Peshawar High Court NWFP, 2013