| Citation(s) |
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| 2025 SLG 3572 2025 SLD 3572 = 2025 SCMR 1066 |
C.P.L.A. No. 2270-L of 2016, decided on 3rd April, 2025. (Against the judgment dated 01.06.2016 passed by Lahore High Court, Bahawalpur Bench, Bahawalpur in C.R. No. 382 of 2010).
Present: Shahid Bilal Hassan and Aamer Farooq, JJ
Mian Muhammad Tayyib Watto, Advocate Supreme Court for Petitioners. Nemo for
Respondents. Assisted by: Owais Nasir, L.C. Date of hearing: 3rd April, 2025.
MUHAMMAD ASHRAF and others ---Petitioners
VERSUS
MUHAMMAD KHAN and others ---Respondents
Law: Specific Relief Act, 1877
Section: 42, 54
Law: Civil Procedure Code (V of 1908)
Section: O.XXIII, Rr. 1, 2
Specific Relief Act (I of 1877)---
----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.