| Citation(s) |
|---|
| 2016 SLG 3656 2016 SLD 3656 2016 MLD 1650 |
CH. MUHAMMAD IQBAL, JUSTICE
Ch. Abdul Sattar Goraya for Petitioner.
GHULAM RASOOL - ER
VS
GOVERNMENT OF PUNJAB THROUGH DISTRICT OFFICER (REVENUE), SAHIWAL AND 4 OTHERS --RespondentS
Law:
Section:
(a) Civil Procedure Code (V of 1908)--- --------O. XXIII, R. 1---Withdrawal of suit --------- Requirements---Before allowing the withdrawal of suit court must be satisfied that there was some formal defect in the pleadings by virtue of which suit might not proceed or there might be some other sufficient grounds for withdrawal---Suit, in the present case, had been decided on merits and appeal had also been dismissed---If applicant was allowed to do away with s rendered against him by simpliciter withdrawal of suit, it would amount to setting aside of the decisions of subordinate courts---Applicant could not be allowed to withdraw suit at such stage as s and decrees against him had attained finality and had gained the status of binding effect between the litigating parties --------- Plaintiff had no right to withdraw the suit at his own free will affecting the rights of defendants and also rights of third parties which might have been created by or arisen from the orders passed or proceedings taken in the suit---Applicant was an illegal occupant on the suit property and was not entitled to have any discretionary relief---Lease of applicant had already expired and he was getting benefits without payment to the State---Applicant could not be allowed to withdraw the suit in circumstances---Application for withdrawal of suit was dismissed accordingly. Fazal ur Rehman and others v. Province of Punjab through District Officer (Revenue), Bhakkar and another 2014 SCMR 1351; Muhammad Sharif through L.Rs. v. Province of Punjab through District Officer Revenue, Pakpattan 2014 SCMR 334 and Haji Muhammad Boota and others v. Member (Revenue), Board of Revenue, Punjab and others PLD 2003 SC 979 rel. (b) Administration of justice--- --------He who seeks equity must do equity. THIS ORDER PASSED BY: CH. MUHAMMAD IQBAL, JUSTICE:------------------ Through this review petition, the petitioner has prayed as under:-- "It is, therefore, respectfully prayed that this petition may please be accepted and the impugned order dated 15.01.2016 passed by this honourabe Court may be recalled or modified to the extent that instead of revision petition, the suit may be allowed to be withdrawn and…
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