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MUHAMMAD DAWOOD KHAN vs ABDUL GHANI O — 2021 CLC 1766 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 CLC 1766 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
CLC
Parties
MUHAMMAD DAWOOD KHAN vs ABDUL GHANI O
Subject matter
Civil
Provisions referred to
Civil Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD DAWOOD KHAN VS ABDUL GHANI O.XXIII, R.1(2)---Specific Relief act (I of 1877), Ss.42 & 39---Suit for declaration, cancellation/revocation of sale-agreement and permanent injunction---Withdrawal of suit with permission of Court--- Formal defect---Other sufficient grounds---Scope---Suit was filed before the expiry of date mentioned in sale-agreement---Civil Court rejected the application of plaintiff/petitioner filed under O.XXIII, R.1(2) of Civil Procedure Code, 1908, for withdrawal of the suit on the ground that the defect was not formal---Held, that in terms of O.XXIII, R.1(2)(b) of Civil Procedure Code, 1908, the Court was empowered to allow the plaintiff to file a fresh suit on other sufficient grounds , meaning thereby the formal defect was not the only pre-condition for permission to file suit afresh---Record revealed that respondents/defendants had already raised objection in their written-statement on maintainability of suit on the ground that prior to completion of date for specific performance the suit of plaintiff was pre-mature---Petitioner had filed application under O.XXIII, R.1(2), C.P.C, taking ground that he filed the suit before expiry of date for specific performance, which meant that he had no cause of action---Sub-rule (b) of R.1(2) of O.XXIII, C.P.C, was not limited to formal defect but the Court could consider the "other sufficient" ground for deciding the application for withdrawal ---Technicalities should not be allowed to defeat the justice---High Court set-aside impugned order passed by Civil Court by which the application of the petitioner/plaintiff under O.XXIII, R.1, C.P.C, for withdrawal was rejected and accepted the said application while allowing him to withdraw his suit to file his suit afresh---Revision petition was allowed, in circumstances.

Other judgments reported in 2021 CLC

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