Law: Civil Procedure Code (V of 1908)

Section: 115,O.XXIII,Rr.1,3,4

Civil Procedure Code (V of 1908)--- ----S. 115 & O.XXIII, Rr. 1, 3 & 4---Revision---Withdrawal of suit at revisional stage---Scope---Plaintiff after institution of suit at any time might withdraw or abandon the same as a whole or a part thereof without permission of Court---Suit could be withdrawn with permission to file a fresh one even at the level of Supreme Court---Simple withdrawal of suit could not be refused because of stage of proceedings---Law did not contemplate any stage for conditional or unconditional withdrawal of a case, however, same was subject to satisfaction of the Court---Plaintiff in the present case, sought unconditional withdrawal of her suit---Such right could be exercised by the plaintiff at any stage of proceedings except in a case where preliminary decree had been passed and some right had been created for some one else---Plaintiff could not be forced to proceed with his/her case if he or she did not want to proceed with the suit---Respondents had been burdened with financial loss but nevertheless this by itself could not constitute a valid and reasonable ground to decline the request of withdrawal of suit---Application for withdrawal of suit was allowed subject to cost of Rs.10,000 to be paid to the respondents. 2013 SCMR 464 and Haji Muhammad Boota and others v. Member (Revenue) Board of Revenue, Punjab and others PLD 2003 SC 979 rel. THIS ORDER PASSED BY: MUHAMMAD NOOR MESKANZAI, CHIEF JUSTICE:---.--- Learned counsel for the petitioner has filed an application under Order XXIII, Rule 1, C.P.C. wherein following relief has been prayed for: "That the applicant prays to this Hon'ble court may kindly allow this application and withdraw the suit bearing No. 13/2008 in the interest of justice." 2. The learned counsel for respondents filed rejoinder to application and request for withdrawal of suit was seriously contested. 3. Learned counsel for the applicant/petitioner submitted that the application is seeking simplicitor withdrawal of her suit which is always granted as a matter of right. He further contended that the only condition for grant of an application under Order XXIII, Rule 1, C.P.C. is that the suit must be pending.…

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