Citation Name: 2023 CLC 2042 LAHORE-HIGH-COURT-LAHOREBookmark this Case BEST WAY CEMENT LTD. vs YASIR SALEEM O

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Citation Name: 2023 CLC 2042 LAHORE-HIGH-COURT-LAHOREBookmark this Case BEST WAY CEMENT LTD. VS YASIR SALEEM O. XXIII, Rr. 1 & 2---Constitution of Pakistan, Art. 199---Constitutional jurisdiction of the High Court---Withdrawal of suit---Formal defect, non-disclosure of---Plaintiff moved an application seeking withdrawal of suit with permission to file afresh---Trial Court dismissed said application---Revisional Court allowed revision moved by the plaintiffs against which judgment the defendant invoked constitutional jurisdiction of the High Court contending that the application for withdrawal of suit did not disclose any formal defect---Validity---Constitutional jurisdiction of the High Court was though discretionary and used in rare and extra-ordinary circumstances but the present case was a classic one for exercise of such jurisdiction in terms of Art. 199 of the Constitution---In absence of disclosure of formal defect, the Civil Court was justified to refuse the application seeking permission to withdraw the suit in order to file afresh whereas the Revisional Court, had clearly transgressed its powers and as such impugned judgment was illegal and unlawful---High Court set aside impugned order passed by the Appellate Court and consequently order passed by the Trial Court, dismissing an application for restoration of suit filed by the respondents/plaintiffs, stood maintained---Constitutional petition was allowed, in circumstances. Citation Name: 2023 CLC 2042 LAHORE-HIGH-COURT-LAHOREBookmark this Case BEST WAY CEMENT LTD. VS YASIR SALEEM O. XXIII, Rr. 1&2---Withdrawal of suit---Formal defect, non-disclosure of---Plaintiff moved an application seeking withdrawal of suit with permission to file afresh---Trial Court dismissed said application---Appellate Court allowed revision moved by the plaintiffs against which judgment the defendant invoked constitutional jurisdiction of the High Court contending that the application for withdrawal of suit did not disclose any formal defect---Validity---Expression formal defect must be given a liberal meaning and should be of nature as to entail dismissal of the suit but every kind of defect not going to the root of the case or not affecting the merits of the case---Plaintiff could only be allowed to withdraw his suit or abandon part of his claim if he succeeded to establish that suit must fail by reason of some formal defect---For the purpose of seeking permission of withdrawal of suit in order to file afresh, plaintiff on the one hand was bound to disclose some formal defect and on the other, Court was also obliged to satisfy itself that formal defect was of such a nature that suit must fail---It was thus incumbent upon the plaintiff to point out a formal defect on the pliant justifying withdrawal of his suit with permission to file afresh---Said permission could not be allowed in a mechanical and haphazard manner---Court was also duty bound to examine the contents of the application seeking such permission---From the perusal of the application moved by the respondent it was clearly evident that the sane was bereft of any content disclosing formal defect in the plaint---Civil Court was justified to refuse the application seeking permission to withdraw the suit in order to file afresh whereas the Revisional Court had clearly transgressed its powers and as such impugned judgment was illegal and unlawful ---Constitutional petition was allowed, in circumstances. Citation Name: 2023 CLC 2042 LAHORE-HIGH-COURT-LAHOREBookmark this Case BEST WAY CEMENT LTD. VS YASIR SALEEM O. XXIII, Rr. 1&2---Withdrawal of suit---Formal defect---Instances of formed defect are (i) Misjoinder of parties or causes of action which will result in the failure of the suit, (ii) erroneous valuation of the subject matter; (iii) insufficient description of the property involved in the suit; (iv) failure to disclose a cause of action; (v) material document not properly stamped; (vi) non-impleading of necessary party and (vii) form of suit.

Citation Name: 2023 CLC 2042 LAHORE-HIGH-COURT-LAHOREBookmark this Case BEST WAY CEMENT LTD. vs YASIR SALEEM O — 2023 CLC 2042 LAHORE-HIGH-COURT-LAHORE

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