SHARAF-UD-DIN vs ABDUL WADOOD O — 2022 CLC 1282 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 CLC 1282 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: CLC
Parties: SHARAF-UD-DIN vs ABDUL WADOOD 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

SHARAF-UD-DIN VS ABDUL WADOOD O.XXIII, Rr.1 & 2---"Formal defect" and "sufficient reason"---Scope---Suit for declaration and permanent injunction---Petitioner running a school had challenged construction of shops on the land adjacent to his school---Written statement was submitted by defendants---Petitioner filed application for withdrawal of plaint which was accepted by Trial Court but dismissed by appellate Court---Validity---No formal defect was pointed out by Trial Court in the suit filed by plaintiff/petitioner---Before allowing withdrawal of application, satisfaction of Court regarding formal defect/other sufficient grounds was necessary---Local commission was appointed who had submitted report before such application from plaintiff---Allowing application would cause harm/prejudice to defendants/respondents and would put them in disadvantageous position---Application was silent as to any justification/reasons or formal defect which ought to be removed by filing suit afresh and were not possible to be introduced by way of amendment---Petitioner's application for amendment in plaint had already been dismissed by trial Court---Revision petition was dismissed accordingly. Head NotesCase Description

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