Citation Name: 2023 MLD 1541 PESHAWAR-HIGH-COURTBookmark this Case NAZIR AHMAD vs HASANULLAH O

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Citation Name: 2023 MLD 1541 PESHAWAR-HIGH-COURTBookmark this Case NAZIR AHMAD VS HASANULLAH O. XXIII, R. 1 & O. VI, R. 17---Withdrawal of the suit with permission to bring a fresh one---Formal defect---Scope---Amendment in the plaint---Scope---Whether the non-mentioning of certain other portions of the property in the legacy of the predecessor and non-arraying of necessary parties to the suit would amount to formal defect--- Civil Court accepted the application of the respondents/plaintiffs for withdrawal of their suit with permission to file a fresh one---Validity---Order XIII, Rule 1(2) of the Civil Procedure Code, 1908 ('the C.P.C., 1908') warranted withdrawal of the suit with permission to bring a fresh one on the basis that there must be a formal defect in the suit---Phrase "formal defect" had not be defined in the C.P.C., 1908---"Formal defect" was one which would affect the roots of a case, which if remains intact would be bound to cause failure of the suit---So-called defects, in the present case, could have been rectified through amendments in the plaint under O. VII, R. 17 of the C.P.C., 1908---An amendment could be sought when it was necessary to determine the real matter in controversy---Such amendment could be allowed if the same caused no prejudice to the other party and did not introduce a new cause of action to alter the nature of the suit and where it is just and necessary---There was no formal defect in the present case, rather the defects were worth rectifying by means of amendment---Both the Courts below had not exercised the jurisdiction vested in them by allowing withdrawal with permission to bring a fresh suit---High Court set aside orders and judgments passed by both the Courts below with the direction that the suit stood revived before the Trial Court, and amendment may be sought by the respondents/plaintiffs to the extent of mentioning certain other portions of the property in the legacy of predecessor and arraying necessary parties---Civil revision was disposed off accordingly.

Citation Name: 2023 MLD 1541 PESHAWAR-HIGH-COURTBookmark this Case NAZIR AHMAD vs HASANULLAH O — 2023 MLD 1541 PESHAWAR-HIGH-COURT

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