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| Clerical mistake in written statement |
[High Court (AJ&K)]
Before Sardar Liaqat Hussain, J
ANSER MEHMOOD AWAN and 4 others----Appellants
Versus
MUJAHID HUSSAIN NAQVI and 8 others----Respondents
Civil Appeal No.157 of 2020, decided on 1st June, 2023.
(a) Civil Procedure Code (V of 1908)---
----O. XII & O. X---Admission on the basis of mere pleadings made by a party---Scope---Examination of such party, not conducted---Effect---Suit filed by the plaintiff was decreed by considering written statement as admission because in the verification (of the written-statement as well as amended written-statement filed by the defendant/appellant ) the word "suit" was written and admitting the same (word "suit") as correct , Trial Court considered as if defendants had made admission to the averments in the plaint---Validity---Written-statement as well as amended written-statement filed by the appellants/defendants transpired that averments made in the plaint were specifically denied , however by a clerical mistake ,in the verification the word "suit" had been written instead of "written-statement"---Thus, the appellants/ defendants had specifically denied the claim of the respondent / plaintiff, therefore, the Trial Court considered their written-statement as admission illegally and had erroneously decreed the suit by the same as admission which was actually a detailed deny of contents of plaint---Mere pleadings which amounts to admission cannot be believed until the concerned party is examined by the Court---High Court set-aside the impugned judgment and decree passed by the Trial/District Court and remanded the matter for decision on merits---Appeal filed by the defendants was allowed, under circumstances.
2000 SCMR 1391 ref.
(b) Civil Procedure Code (V of 1908)---
----O.VIII, R.1---Officer / Official of the Court---Functions and responsibilities ---Fault of the Reader of the Court---Scope--- Contention of the respondent/plaintiff was that application for correction/amendment of written-statement was allowed subject to payment of costs which was not tendered by the appellants / defendants---Validity---Record revealed that while accepting the application for correction of written-statement, subject to payment of Rs. 1000/= as costs, the Reader of Court was directed to correct the clerical mistake sought to be corrected, hence it was responsibility of the Reader to make correction as was ordered by the Presiding Officer---As the appellants / defendants had taken stand that they had deposited the costs, then on said ground it could not be said that the order had not been complied with---It was the fault on the part of the Officer / Officer of the Court that in compliance with relevant order, correction had not been made in the "verification" , therefore, appellants / defendants could not be penalized for the fault of an authority---High Court set-aside the impugned judgment and decree passed by the Trial /District Court and remanded the matter for decision on merits---Appeal filed by the defendants was allowed, in circumstances.
2003 SCR 450; 2011 SCR 273 and 2016 SCR 714 ref.
(c) Civil Procedure Code (V of 1908)---
----O. VI, R. 15---Verification of pleadings---Requirement of signing by a party---Failure to sign---Effect---Trial Court decreed the suit, inter alia, on the basis that verification was not signed by any of the appellants / defendants---Contention of the respondent/plaintiff was that such signing was a necessary requirement---Held, that contention of the respondent /plaintiff had no force because non-compliance of provision of R. 15 of O. VI of the Civil Procedure Code, 1908 was not mandatory in nature rather was directory as no penal clause was provided in the statute and non-compliance of said provision could be cured at any stage even at appeal stage---High Court set-aside the impugned judgment and decree passed by the Trial /District Court and remanded the matter for decision on merits---Appeal filed by the defendants was allowed, in circumstances.
1981 SCMR 687 ref.
Chaudhary Shoukat Aziz for Appellants.
ہائی کورٹ نے ٹرائل کورٹ کا فیصلہ کالعدم قرار دے کر مقدمے کو دوبارہ سماعت کے لیے واپس بھیج دیا، تاکہ معاملے کا فیصلہ اصل شواہد اور قانونی نکات کی بنیاد پر کیا جا سکے۔
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