Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.I., R.10 & O.XXIII, Rr.1(2) & 2(b)---Pending suit for permanent injunction, an application was moved with two distinct prayers i.e. one for deletion of one of the defendants from the array of defendants and the other for withdrawal of the suit with permission to file a fresh suit---Trial Court acceded to the request of applicant/petitioner for deletion of the said defendant from the array of the parties to the suit, but dismissed the application seeking permission to withdraw the suit with further permission to file a fresh one---Relief claimed for in the application could not be considered as one and indivisible---Application moved for withdrawal of suit with permission to file fresh one was completely silent as to any justification, reason or formal defect which ought to be removed by filing a fresh suit and which were not possible to be introduced by way of amendment in already pending plaint---Under O.XXIII, R. 2(b), C.P.C., the existence of sufficient grounds is condition precedent for allowing the plaintiff to institute a fresh suit and the application did not disclose any justification for extending permission to the petitioner to file a fresh suit on the subject matter---Order of the Trial Court was declared unexceptionable---Civil Revision was dismissed in the circumstances. (b) Civil Procedure Code (V of 1908)--- ----O.XXIII, R.2(b)---Withdrawal of suit with permission to file fresh suit---Condition precedent---Existence of sufficient grounds is condition precedent for allowing the plaintiff to institute a fresh suit. JUDGMENT IBAD-UR-REHMAN LODHI, J.---The revision petition is still at pre-admission stage but on account of long pendency as the same has been filed in the year 2007, with the concurrence of learned counsel for the parties, this revision petition is being heard as Pacca case today. 2. In a suit for permanent injunction which was pending before the learned trial Court, the present petitioner moved an application under Order XXIII, Rule 1, C.P.C. read with Section 151, C.P.C. but in view of contents of the same, it contained two distinct prayers, one for deletion of defendant No.2 from…

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