AIR 1946 LAHORE 429

Lahore High Court

Hon'ble Judge(s): Din Mohammad, Mohammad Sharif , JJ

Civil P.C. (5 of 1908) , O.23 R.1(2)(a), O.23 R.1(2)(b)— Words 'other sufficient grounds' in R.1(2)(B) are not ejusdem generis with 'formal defect' in R.1(2)(a) : ('25) 12 AIR 1925 Lah 497 : 90 IC 632; ('30) 17 AIR 1930 Lah 175 : 124 IC 686 and ('38) 25 AIR 1938 Lah 294 : 175 IC 56, OVERRULED. The words 'other sufficient grounds' as used in O.23, R.1(2)(b) are not ejusdem generis with @page-Lah430 the 'formal defect' referred to in R.1(2)(a). The words 'other sufficient grounds' are much wider in signification and can cover all those cases which appear to Court as affording such grounds :(Para 432C1) Where the plaintiffs were running a very great risk of losing a very valuable estate merely for the blunder of their counsel in not drafting a proper plaint and not claiming proper reliefs : Held, that it was a fit case to grant the plaintiffs the necessary leave to withdraw from the suit with liberty to institute a fresh suit in respect of the same subject-matter even at the stage of appeal :(Para 432C2) .....