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

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. XII & O. X---admission on the basis of mere pleadings made by a party---Scope---Examination of such party, not conducted---Effect---Suit filed by the plaintiff was decreed by considering written statement as admission because in the verification (of the written-statement as well as amended written-statement filed by the defendant/appellant ) the word "suit" was written and admitting the same (word "suit") as correct , Trial Court considered as if defendants had made admission to the averments in the plaint---Validity---Written-statement as well as amended written-statement filed by the appellants/defendants transpired that averments made in the plaint were specifically denied , however by a clerical mistake ,in the verification the word "suit" had been written instead of "written-statement"---Thus, the appellants/ defendants had specifically denied the claim of the respondent / plaintiff, therefore, the Trial Court considered their written-statement as admission illegally and had erroneously decreed the suit by the same as admission which was actually a detailed deny of contents of plaint---Mere pleadings which amounts to admission cannot be believed until the concerned party is examined by the Court---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, under circumstances.

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