1. ' MUHAMMAD AFZAL ZULLAH, J.--These petitions are by both the sides in a civil suit, regarding declaration, in respect of a land transaction. They have sought leave to appeal against the judgment of the High Court in Writ Petition No,3950 of 1980 filed by the plaintiffs (petitioners in C.P.1119/81).
2. ' The writ petitioners/plaintiffs sought more than one relief in the same suit. The trial Court directed them to amend the plaint so as to correct the form of the suit. The defendants side (petitioners in C.P.1122/81) filed a Civil Revision before the District Court challenging the order of the trial Court. It was allowed. Not only the order of amendment was set aside but the suit also was dismissed.
3. Reliance was placed on Karim Dad v. Arif Ali and another PLD 1978 Lah.
4. 679.
5. ' The plaintiffs side (petitioners in C.P.1119) then filed a writ petition in the High Court which was partly allowed. The dismissal of the suit by the Court Revisional was declared as without lawful authority but the setting aside of the order of amendment of the plaint was upheld. Thus the case stood remanded to the trial Court for trial of the suit as originally presented.
6. ' In the above circumstance both the parties having felt aggrieved by the judgment of the High Court, have sought leave to appeal.
7. After hearing both the counsel, we consider it a fit case for grant of leave, to examine; whether it was not a fit case for permission to amend the plaint. If so, whether the order of the trial Court directing the amendment was without lawful authority, illegal or improper; whether the Revisional Court could have dismissed the suit or should have made proper order for remand; and all other related questions, as also, those raised in these petitions.
8. ' Security Rs,2,000 in each case.
9. The appeals shall be prepared on the present record with direction to the parties to file all necessary additional documents.
10. ' They shall be heard together in the month of October, 1988.