2022 S C M R 47
Moulvi DIN MUHAMMAD
Versus
Bibi SHAKIRA and others
Civil Procedure Code (V of 1908)---
----O. VI, R. 17---Fresh written statement, filing of---Grounds---Remand of case to Trial Court---Legality---Suit for declaration filed by plaintiffs was rejected by the Trial Court---Appeal there against was also dismissed by the Appellate Court---Plaintiffs then filed revision petition before the High Court---During the pendency of the revision petition, the defendant, who was the original owner of the suit property passed away, therefore, his legal heirs were impleaded as respondents in the revision petition---Respondents submitted an. application for submission of a fresh written statement before the Trial Court---High Court, considering their defence, remanded the case to the trial Court permitting them to file a fresh written statement---Held, that when the plaintiffs' plaint had been rejected by the Trial Court on the ground that it did not disclose cause of action, the filing of an application by the legal heirs of the defendant i.e. the respondents for permission to file afresh written statement was not a valid ground with the High Court for setting aside the order of rejection of plaint and dismissal of appeal---High Court had no reason to dilate upon the application filed by the legal heirs of the defendant for permission to file afresh written statement as well as on the application of the plaintiffs for amendment of the plaint when the plaintiffs were fighting for survival of their lis and were under obligation to convince the revisional court/High Court in that their plaint did disclose a cause of action, and it had wrongly been rejected by the Trial Court---Appeal was allowed, impugned remand order was set-aside and it was directed that the revision petition would be deemed to be pending before the High Court, which shall decide the same on its own merits.
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