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SHER ZAMAN vs Syed ABDUL SADIQ O — 2022 YLR 1276 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 YLR 1276 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
YLR
Parties
SHER ZAMAN vs Syed ABDUL SADIQ 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

SHER ZAMAN VS Syed ABDUL SADIQ O. XXIII, R. 2(a)---Withdrawal of suit with permission to file afresh---Terms 'formal defect' and 'other sufficient cause'---Trial Court accepted petitioner's/plaintiff's application for amending the plaint---District Court set aside the order of trial Court on ground that the proposed amendment would change the nature of the suit---Validity---Contents of original plaint revealed that relevant facts pertaining to iqrarnama had not been pleaded and defect and ambiguity found in description of the suit property and cause of action---District Court rightly dismissed petitioner's application under O. VI, R. 7, C.P.C. as amendments had changed the nature and complexion of the suit and cause of action---Suit was at initial stage and evidence had not been led---Cause of action was subsisting for the subject property, so petitioner could not be held remediless and non-suited on technicalities---Order XXIII prevented technicalities from defeating justice---Sufficient grounds existed for allowing petitioner to file the suit afresh by properly pleading the relevant facts, with correct description of property and its correct accrual of cause of action---C.M.A. was accepted and Constitutional petition was disposed of accordingly.

Other judgments reported in 2022 YLR

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