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BEFORE THE ADDITIONAL DEPUTY COMMISSIONER (R) MULTAN

In re

Muhammad Mushtaq Anjum etc

Versus
Mushtaq Ahmed etc.

APPLICATION FOR AMENDMENT OF APPEAL UNDER ORDER 6 RULE 17 CPC AND

ALL OTHER ENABLING PROVISOINS OF LAW

Respectfully Sheweth

1. That the Petitioner / Appellant has filed appeal No. 396/17 for setting aside
Ex-parte order passed by Learned AC1 / Tehsildar City Multan dated
28.11.2012 which is pending adjudication in this honorable Court which is
fixed for 14.07.2018.

2. That the Petitioner / Appellant beside the relief of setting aside Ex parte
order of Partition dated 28.11.2012 is also entitled to consequential reliefs
of declaration of illegality and cancellation of Vanda Jaat and Mutation No.
664 through which the order dated 28.11.2012 has been given effect in the
Revenue record on 15.04.2013.

3. That the Petitioner / Appellant wants to amend the Appeal No. 396/17 and
add the following words in the heading body of plaint and in the relief
claimed.

“that the Vanda Jaat No. 1 to 9 in consequence of impugned Ex-Parte order

dated 28.11.2012 and implementation of impugned order through mutation
Number 664 dated 15.04.2013, be declared illegal, unjust and against the
facts and liable to be cancelled and deleted from revenue record”
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4. That the proposed amendment is necessary to meet the ends of justice and
to keep clarity in the final order and to avoid multiplicity of proceedings for
the same cause of action i.e impugned ex- parte partition order dated
28.11.2012.

5. That the proposed amendment shall not change the complexion of appeal
but will settle the dispute once for all.

6. That if the amendment in pleading is not allowed the Petitioner shall have to
suffer irreparable loss.

Prayer
It is the prayed that the Petition be accepted and the Petitioner be allowed to
amend the Appeal and incorporate the above amendment in the pleading, in the
relief claimed and in the prayer of the appeal.

Petitioner
PETITIONER

Through

Qasim & Asim Advocates Advisors

___________________, ________________________
Malik Shafeeq Advocate Malik Muhammad Asim Awan
Advocate High Court Advocate High Court CC # 10171
BA, LLB, MBA, GTM (Australia)

Verification:
Verified on oath at Multan on ___ July, 2018 that the content of Para No. 1-6 are
true to the best of knowledge and belief.

PETITIONER
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BEFORE THE ADDITIONAL DEPUTY COMMISSIONER (R) MULTAN

Muhammad Mushtaq Anjum etc

Versus
Mushtaq Ahmed etc.

AFFIDAVIT OF: Mushtaq Anjum Son of Allah Ditta Caste Aarain, resident
of Mouza Jungle Rang Ali Tehsil Sadar District Multan.

I the above-named deponent do hereby solemnly affirm and declare as

under:
That the contents of the PETITION are true to the best of my knowledge,
information and belief.

Deponent.

VERIFICATION

Verified on Oath at Multan this ____ day of July, 2018 that the contents of
my above affidavit are true to the best of my knowledge, information and
belief and nothing has been concealed therein.

Deponent.
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Reliance Placed on the following

Amendment of Plaint by adding additional payer allowed.
1994 SCMR 2240, 2005 SCMR 1945, NLR 1996 Civ 586

Additional facts not changing cause of action allowed.

PLD 2006 Lahore 68

Amendment can be allowed at any stage even in Appeal.

PLD 2003 SC 379, 1987 CLC 1723, 2009 YLR 32

Amendment to seek consequential relief allowed.

2003 CLC 713