Deficiencies in the plaint

2016 CLC 1316 ISLAMABAD Judicial Precedent

O. VII, Rr. 1 & 11Rejection of plaintScopeDeficiencies in the plaintRectification ofDefendants moved application that plaint did not disclose cause of action and same should be rejectedTrial Court dismissed the said application and directed the plaintiff to submit amended plaintValidity

Provisions of O.VII, R.1, C. P. C. were procedural in nature which would not cause rejection of plaint if they were not complied with unless a party despite having been given opportunity to rectify the deficiency failed to do so or no triable issue was made out in the plaint

Plaintiff should be given an opportunity to cure the defect by supplying the omission

Failure to comply with O.VII, R.1, C.P.C would not render suit invalid

If such deficiency was not cured then court could reject the plaint

Suit filed by the plaintiff was fairly detailed and contained particulars as to the breach of contract alleged to have been committed by the defendants

Plaintiff had disclosed cause of action to institute the suit against the defendants

No prejudice had been caused to the defendants by the impugned order

If valuation of suit had been omitted from the suit then it might be permitted to be inserted by an amendment

Defendants would have a full chance to condescend to the particulars contained in the amended plaint by filing an amended written statement

Mixed questions of law and facts required evidence to resolve the said questions

Trial Court had required rectification from the plaintiff by filing an amended plaint

No jurisdictional error or infirmity had been pointed out in the impugned order passed by the Trial Court

Revision was dismissed in circumstances.