Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), O.XXIII, R.I---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Suit for declaration---Withdrawal of suit with permission to tile fresh one--­Plaintiff, during pendency of suit, filed application for withdrawal of suit with permission to file fresh suit on the same cause of action---Plaintiff in his application had stated that necessary amendments were required to be made in the light of decision taken by superior Courts in such-like matters---'trial Court accepted application of plaintiff holding that some formal defects were in the plaint, and that plaintiff had a right to withdraw the suit at any moment at any stage---Revision against order of Trial Court was also dismissed---Validity---Person who had not joined as party in proceedings could not question order passed by Courts below---Other defendants who were legal heirs of original defendant had themselves taken stand that after death of their father, suit against them had abated and thus they also could not question concurrent orders of Courts below--­In absence of any illegality or irregularity, concurrent orders passed by Courts below could not be interfered with by High Court in exercise of its Constitutional jurisdiction. ORDER The petitioners filed petition to set aside the order dated 8-8-2002; passed by the learned IVth Additional District Judge, Karachi (West) while dismissing Civil Revision No. 17 of 2002 and order dated 30-3-2002, passed by the 1st Senior Civil Judge, Karachi (West) in Suit No.38 of 1997, allowing the respondent to withdraw the suit with right to file fresh suit. Brief facts of the case are that respondents Nos.1 and 3 filed suit against respondents Nos.6 to 9, petitioner No.5 and father of petitioners Nos.2 to 4 for declaration that the Deed of Relinquishment registered by Anwar H. Pirbhai, predecessor-in-interest of petitioners Nos.2 to 4, on 17-5-1979 in the office of Sub-Registrar, Lyari Zone, Karachi, showing himself to be Sajjadanasheen of Khanquah is void and of no legal effect and further seeking declaration that he was not Sjjadanasheen or otherwise not competent to…

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