Syed AAKIF ALI SHAH vs MUHAMMAD IJAZ O — 2021 PLD 688 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2021 PLD 688 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2021
Reporter: PLD
Parties: Syed AAKIF ALI SHAH vs MUHAMMAD IJAZ O
Subject matter: Civil

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

Syed AAKIF ALI SHAH VS MUHAMMAD IJAZ O.XVII, R. 3 & O. I, R. 10---adjudication and exercise of power by court under O. XVII, R. 3, C.P.C.---Dismissal of suit under O. XVII, R. 3, C.P.C.---Scope---Question before High Court was whether upon failure of plaintiff to amend plaint in terms of O. I, R. 10, C.P.C.; could the court dismiss suit under O. XVII, R. 3, C.P.C., on the ground that such amendment was necessary for progress of suit and failure to amend plaint entitled court to dismiss suit under said provision---Held, that failure to amend plaint and to pay costs of adjournment did not justify dismissal of suit under O. XVII, R. 3, C.P.C.---Words "decide the suit" used in O. XVII, C.P.C., could not be taken as tantamount to dismissing the suit for default and meant that court under O. XVII, R. 3, C.P.C., could only decide suit on merits on material available before it.

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