MESSRS ILAM DIN &SONS vs ASGHAR ALI AND Another — 1970 SCMR 233

Citation: 1970 SCMR 233

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: MESSRS ILAM DIN &SONS vs ASGHAR ALI AND Another

Headnotes

Case cited as 1970 SCMR 233

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Muhammad Yaqub Ali Khan Title: MESSRS ILAM DIN &SONS vs ASGHAR ALI AND Another Case No.:Civil Petition for Special Leave to Appeal No. 193 of 1969 Civil Revision No. JUDGMENT Reported As: 1970 SCMR 233 Result: Leave refused Judgment JUDGMENT M. R. KHAN, J.-The petitioner-firm was the defendant No. 1 in a suit brought by the first respondent herein. It was a decla--ratory suit. On the plaintiff's prayer, the suit was permitted to be withdrawn on the ground of formal defects with liberty to bring a fresh suit on the cause of action. Against the order of the trial Court permitting the withdrawal of the suit, a revisional application was made by the defendant in the High Court of West Pakistan, Lahore. This revisional application was found to be without any substance and was, accordingly, dismissed. The petitioner now seeks special leave to appeal against the High Court's order dismissing the revisional application. Learned counsel for the petitioner submits that the trial Court's order permitting the withdrawal of the suit with liberty to bring a fresh suit is illegal inasmuch as there was no formal defect in the frame of the suit. The learned Judge of the High Court repelled this contention after pointing out a number of defects in the suit. The learned Judge was quite right in taking this view. In the suit, as already stated, the petitioner-firm was the defendant No. 1. It appears from the written…

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