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)---Specific Relief act (I of 1877), Ss. 9, 39 & 42--- Withdrawal of suit with permission to file fresh suit---Fatal defect in suit---Scope---In the present case, both parties had completed their evidence and the case had been decided on merits by the trial as well as the appellate Court---Request for withdrawal was made by the plaintiffs after decades before the revisional Court (High Court) which appeared to be an attempt on the part of the plaintiffs to retrace their steps, plug gaps and loopholes in evidence and take a second shot at the relief that two Courts of fact had denied---In the facts and circumstance of the present case, non-joinder and mis-joinder of the parties could not be used as a ground for conditional withdrawal of the suit and failure to seek declaration and cancellation was an inherent and fatal defect which could not be allowed to be cured at such belated stage --- Suit of the plaintiffs suffered from a fatal defect---Suit for possession was filed without seeking a declaration of title, knowing that the property in question stood transferred on the basis of registered instrument---Such suit was stillborn from its very inception as it was not competent---Petition for leave to appeal was converted into appeal and allowed, impugned judgment of High Court (revisional Court) was set-aside and judgments and decrees passed by Trial Court and appellate Court dismissing the suit of the plaintiffs (respondents) were restored.

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