MUHAMMAD YOUSAF vs NAZEER AHMED KHAN (DECEASED) O — 2021 SCMR 1775 SUPREME-COURT

Case information

Citation: 2021 SCMR 1775 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: MUHAMMAD YOUSAF vs NAZEER AHMED KHAN (DECEASED) O

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 YOUSAF VS NAZEER AHMED KHAN (DECEASED) O. XXIII, R. 1(2)---Withdrawal of suit with permission to file fresh suit---Scope---Plaintiff who wished to withdraw his suit with permission to file a fresh suit must show that there was a formal defect in the suit which could result in failure of the same---Where a defect was removable or rectifiable by amendment of the plaint, permission to file a fresh suit could not be granted---Finally, where a defect which went to the root of the case and was not merely a formal defect, permission to file a fresh suit would amount to allowing the plaintiff to retrace his steps plug the loopholes in the earlier suit and file a different case with different/additional parties and a totally different relief---Such steps could by the stretch of the language be termed as removal of formal defect.

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