Rafi ullah vs Liaqat O — 2025 MLD 1368 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 MLD 1368 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: MLD
Parties: Rafi ullah vs Liaqat 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

Rafi ullah VS Liaqat O. VIII, R. 9---Specific Relief act (I of 1877), Ss.42, 54 & 55---Suit for declaration, permanent and mandatory injunction---Rejoinder, filing of---Purpose, nature and scope---Grant of leave for filing rejoinder---Discretion of court---Optional pleading---Efficiency in judicial process---application for filing the rejoinder to the written statement was dismissed, however, the appellate court allowed the said application in a civil revision---Validity---Respondent/plaintiff could file a rejoinder only with the leave of the court, which had discretion in granting or refusing permission to file a rejoinder, and typically, it would allow it if necessary for a just determination of the lis---If the written statement of the defendant raised new defences or arguments, the plaintiff could be allowed to file rejoinder to clarify, explain or deny those defences---Rejoinder is an optional pleading and can only be filed under the circumstances where it is needed to respond to new defences or issues raised by the petitioners/defendants that have not been adequately addressed as pleaded by the respondents/plaintiffs in their written application seeking permission of the Court to allow them to file rejoinder---Court's discretion envisages that unnecessary or frivolous replies are avoided, promoting efficiency in the judicial process---Constitutional petition was dismissed in limine, in circumstances.

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