Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXIII, R.1---Withdrawal of suit---Fresh suit---Bar---Only that fresh suit would be barred which was filed after withdrawal of earlier suit and not one which was filed and was pending at the time of filing fresh suit---First suit filed by plaintiff was withdrawn subsequently when second suit stood already instituted---Suit was not instituted after withdrawal of earlier suit, so as to attract provisions of sub-rule (3) of R.1 of O.XXIII of C.P.C.---Comparative study of first and second suit had revealed that in the earlier suit, plaintiff had sought a decree for perpetual injunction for restraining defendant from interfering in particular Khasra No. of land in dispute and correction of revenue record to that extent only, while in subsequent suit he, besides seeking that remedy, had also sought possession of other Khasra No. which was not earlier sought---Plaintiff, in subsequent suit also sought a declaration that he was owner of three Khasra Nos. on the basis of sale-deed executed in favour of his father, while that relief was not claimed in earlier suit--Earlier suit was against three persons only, while subsequent suit was against many other persons, besides revenue officers insofar as the correction of revenue record was concerned---Such relief was not sought in earlier suit---Identity of causes of action and of parties, besides the relief sought in two suits, being different, bar contained in sub-rule (3) of R.1 of O.XXIII, C.P.C. would not apply---If identity of parties and causes of action were not same, provisions of O.XXIII, Sub-rule (3) of R.1 of C.P.C., would not be attracted. Karamat Ali Khan and another v. Sardar Ali and 29 others PLD 2001 SC (AJ&K) 30; Karim Bakhsh v. Jan Muhammad PLD 1977 Lah. 1033; Muhammad Latif v. Muhammad Iqbal 1996 CLC 1672; The Commissioner of Income Tax N.C.A. Circle Karachi and another v. Ashfaque Ahmad Khan and 10 others PLD 1973 SC 406; Abdullah and 8 others v. Bashiran Bibi and 4 others PLD 1981 Lah. 336; Ghulam Nabi and others v. Seth Muhammad Yaqub and others PLD 1983 SC 344; Rangacharya and others v. Guru Ravti Raman Acharya AIR 1928 All. 689; Albert Judah Judah v.…

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