MUHAMMAD ASHRAF vs MUHAMMAD KHAN Ss — 2025 SCMR 1066 SUPREME-COURT

Case information

Citation: 2025 SCMR 1066 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: MUHAMMAD ASHRAF vs MUHAMMAD KHAN Ss
Subject matter: Civil
Provisions referred to: Civil Procedure Code (V of 1908)

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

MUHAMMAD ASHRAF VS MUHAMMAD KHAN Ss. 42 & 54---Civil Procedure Code (V of 1908), O.XXIII, Rr. 1 & 2---Suit for declaration and injunction---Withdrawal of suit---Formal defect--- Proof--- Petitioners / plaintiffs were aggrieved of order passed by High Court declining withdrawal of suit with permission to file fresh suit on the plea of some formal defect---Validity---Petitioners / plaintiffs could not refer to any 'formal defect' which could be: misdescription of partis, incorrect valuation, procedural errors or technical defects, which did not affect merits of the case and if such defects went to the root of the case, the same could not be considered as formal defects---When there was a verdict against petitioners / plaintiffs existing in field, they could not be allowed to step back, without disclosing formal defect in the plaint by using shoulders of Court---Supreme Court declined to interfere in the judgment passed by High Court as there was no illegality, and the law on the subject had correctly and judiciously been appreciated and construed---Petition for leave to appeal was dismissed and leave to appeal was refused.

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