Law:

Section:

Civil Procedure Code (V of 1908), O. XXIII, r. 1(2)(a)­--Withdrawal of suit on ground of its likely failure for reason of formal defects-Defects found to be not of formal character Permission, in circumstance, by trial Court, to withdraw suit, held, not rightly given: Ch. Muhammad Anwar Buttar, Advocate Supreme Court instructed by Iqbal Ahmad Qureshi, Advocate-on-Record (absent) for Petitioners. Nemo for Respondent. Date of hearing : 3rd May 1972. ORDER WAHEEDUDDIN AHMAD, J.,-The petitioners, instituted, a civil suit on the 26th September 1969, in the Court of Civil Judge, Pakpattan, Camp Dipalpur, District Sahiwal, for a declaration that they are owners of Plot No. 52/143 and shops Nos. 54./1,43., 557143 and 56/143 and the Town Committee was not competent to recover the rent for the same. In their written statement, the respondent raised the preliminary objections as under :- (i) By admitting tenancies through rent deed the plaintiffs stood estopped from challenging defendant's title. (ii) Plaintiffs having obtained different plots, separate suits were essential. (iii) Having admitted the land to be evacuee property, the plaintiffs also claimed to be its owner but absence of allotment in their favour, leads to inconsistencies in pleading. (iv) For jurisdiction not having been mentioned, the suit merit dismissal. On the 17th November 1970, when the case was fixed for argu­ment, the petitioners submitted an application for withdrawal of the suit with permission to file a fresh one on the following grounds :- (i) Technical defects in the suit as was evident from preliminary issue. (ii) There was sufficient cause for returning the suit permitting a fresh. The application was allowed and the petitioners were permitted to file a fresh suit on payment of Rs.30. Thereupon, the peti­tioners instituted a fresh suit on the 17th November 1970: The respondent challenged…

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