Law: Civil Procedure Code (V of 1908)

Section: O.XXIII,R.1(3),0.II,R.2,99

(a) Civil Procedure Code (V of 1908)--- ---O. XXIII, R. 1(3) & 0. II, R.2---Withdrawal of suit---Fresh suit, institution of---Scope---Suit was decreed by the Trial Court but same was dismissed by the Appellate Court being barred under O.II, R.2, C.P.C.---Validity---Plaintiff was precluded from filing another suit after withdrawl of earlier suit on same "cause of action", on same "subject matter" and against the same defendant without permission to institute a fresh one-Provisions of O.XXIII, R.1(3) and O.II, R.2, C.P.C. were complementary to each other to control the litigation after litigation between the same parties on the same subject matter. Ghulam Nabi and others v. Seth Muhammad Yakoob and others PLD 1983 SC 344; Muhammad Suleman v. Ehsan Ali PLD 1983 Kar. 537; State Life Insurance of Pakistan v. Mst. Zainab Khatoon and others PLD 1987 SC AJ&K 5; Manzoor Hussain v. Rasool Bukhsh 1991 CLC 640; Qazi Shamas-ur-Rehman and another v. Mst. Chaman Dasta and others 2004 SCMR 1798 and Siddique Khan and 2 others v. Abdul Shakur Khan and another PLD 1984 SC 289 ref. Muhammad Suleman v. Ehsan Ali PLD 1983 Kar. 537; State Life Insurance of Pakistan v. Mst. Zainab Khatoon and others PLD 1987 SC AJ&K 5; Manzoor Hussain v. Rasool Bukhsh 1991 CLC 640; Qazi Shamas-ur-Rehman and another v. Mst. Chaman Dasta and others 2004 SCMR 1798 and Siddique Khan and 2 others v. Abdul Shakur Khan and another PLD 1984 SC 289 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 99---Appeal---Court fee, non-payment of---Effect---Ministerial staff of court was bound to point out non-payment of court fee and if such had been done then appellant could pay the same to avoid dismissal of appeal on account of non-payment of court fee---If such objection had been raised by the Appellate Court only then appellant could have been penalized---Jurisdiction of Appellate Court was not disputed to entertain the appeal, therefore order passed thereon was not affected adversely on account of non-payment of court fee---Impugned and decree passed by the Appellate Court were protected by the provision of S.99, C.P.C. despite the fact that no court fee on the appeal was paid---Appellate Court had…

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