‘9. Since rule 11 of Order ibid being penal
provision, to have construed strictly by considering the
statement made in the plaint in the light of law
applicable thereto and not to be resorted to unless,
conditions for exercise of such drastic powers are fully
satisfied. Moreso, if the plaint is suffering from any
legal infirmity entailing its rejection, in such
eventuality, the plaintiff has the right to amend his
plaint for the clarity of vagueness appearing in the
plaint, so that it may conform with the relevant
provisions of law, as the cherished goal of law is that
the matter to be decided on its merits so that the
litigants are not to be deprived of their valuable rights
in the wake of their technical knockout. The Court is
empowered that instead of rejecting the plaint may act
under Order VI rule 17, C.P.C. to allow the
amendment of pleadings, inasmuch as under this rule
the Court is not precluded from allowing an
opportunity to remove the defect. Thus, this ground
cannot be availed by the petitioners/defendants for
rejection of the plaint.’
Used in judgment of
Lahore High Court
Civil Revision
192956/18
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