Rana MASOOD IQBAL vs MUHAMMAD AYUB IQBAL RANA O — 2022 CLC 1858 ISLAMABAD

Case information

Citation: 2022 CLC 1858 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: CLC
Parties: Rana MASOOD IQBAL vs MUHAMMAD AYUB IQBAL RANA 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

Rana MASOOD IQBAL VS MUHAMMAD AYUB IQBAL RANA O.XVII, R.3---Suit for recovery of money--- Oral agreement---Striking of defence---Non-mentioning of date, time, place in plaint--- Suit for recovery of money was filed by respondent / plaintiff on the basis of oral agreement---Trial Court struck off right of evidence of appellant / defendant and suit was decreed in faovur of respondent / plaintiff--- Validity---Failure to mention date, time and place of alleged oral agreement in plaint was not just creating further doubt in version of respondent / plaintiff but mentioning date and time in plaint was also necessary to obtain relief on the basis of alleged oral agreement---Trial Court struck off defence of appellant / defendant by invoking provisions of O. XVII, R.3, C.P.C. and decreed the suit in favour of respondent / plaintiff without taking into account written statement filed by appellant / defendant---Trial Court was duty bound to take into consideration all pro and contra evidence and then proceeded to decide matter on its merits rather than on technicalities---Even if right of appellant / defendant to produce evidence stood struck off under O.XVII, R.3 C.P.C., even then Trial Court was under legal obligation to give its findings on each issue separately---High Court set aside judgment and decree passed by Trial Court as the same was based on misinterpretation of law on the subject, result of misreading and non-reading of evidence available on record and suffered from material irregularity and illegality---Appeal was allowed, in circumstances.

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