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
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

MUHAMMAD YOUSAF VS NAZEER AHMED KHAN (DECEASED) O. XXIII, R. 1(2)---Withdrawal of suit with permission to file fresh suit---'Formal defect' in suit---Meaning---Such defect should be only on the point of form of the suit---Formal defect connoted every kind of defect which did not affect the merits of the case---However, if the defect was material and substantial and affected the merits of the case or went to the root of the claim it could not be termed as a formal defect within the scope and meaning of sub-clause (a) of R. 1(2) of O. XXIII, C.P.C.

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