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ANSER MEHMOOD AWAN vs MUJAHID HUSSAIN NAQVI O — 2024 CLC 693 HIGH-COURT-AZAD-KASHMIR

Case information

Citation
2024 CLC 693 HIGH-COURT-AZAD-KASHMIR
Year
2024
Reporter
CLC
Parties
ANSER MEHMOOD AWAN vs MUJAHID HUSSAIN NAQVI O
Subject matter
Civil
Provisions referred to
Civil Procedure Code

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

ANSER MEHMOOD AWAN VS MUJAHID HUSSAIN NAQVI O. VI, R. 15---Verification of pleadings---Requirement of signing by a party---Failure to sign---Effect---Trial Court decreed the suit, inter alia, on the basis that verification was not signed by any of the appellants / defendants---Contention of the respondent/plaintiff was that such signing was a necessary requirement---Held, that contention of the respondent /plaintiff had no force because non-compliance of provision of R. 15 of O. VI of the Civil Procedure Code, 1908 was not mandatory in nature rather was directory as no penal clause was provided in the statute and non-compliance of said provision could be cured at any stage even at appeal stage---High Court set-aside the impugned judgment and decree passed by the Trial /District Court and remanded the matter for decision on merits---Appeal filed by the defendants was allowed, in circumstances.

Other judgments reported in 2024 CLC

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