Law: Civil Procedure Code (V of 1908)

Section: O.XXIII,Rr.1,2

Civil Procedure Code (V of 1908)--- ----O. XXIII, Rr. 1 & 2---Suit for declaration---Withdrawal of suit with permission to file fresh one---Scope---Plaintiff moved application for withdrawal of suit with permission to file fresh one but same was dismissed---Validity---If a party felt that suit had some formal defects, it could request for withdrawal of the suit with permission to file a fresh suit---Law of limitation would be applicable to the fresh suit---Present suit was at initial stage of the proceedings, if plaintiff felt that any of his right might be jeopardized and further trial would amount to wastage of time of the Court, same being a good ground, application for withdrawal of suit was to be allowed with permission to file a fresh suit but on payment of cost---Plaintiff was directed accordingly. Pehalwan and others v. Haji Muhammad Murad and others 2005 SCMR 1405; Ismail v. Fida Ali and others PLD 1965 SC 634; 2017 MLD 1922; PLD 1984 Lah. 230 and 2008 CLC 466 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD NASIR MAHFOOZ, JUSTICE:---.- -- Impugned herein is the order dated 25.11.2017 passed by the learned Civil Judge/Illaqa Qazi-III, Dir Lower at Timergara whereby application for withdrawal of suit with the permission to file a fresh suit, filed by the petitioner was dismissed and the case was fixed for further proceedings. 2. Petitioner alleges that he filed a suit for declaration wherein he challenged a notice dated 11.10.2017 issued by the respondent No. 6 but on behalf of rest of the respondents for restraining him from making any construction in the suit property, he also based his claim regarding ownership of the suit property on an unregistered deed dated 01.09.2014. 3. Respondents submitted written statement and denied the allegations and held that vide Notification No. 1522 dated 15.09.1972, the suit property is the State Property and not the property of Ex Ruler Nawab of Dir and therefore, any sale deed on behalf of his legal heirs in favour of petitioner has got no validity in the eye of law. Apprehending some defect in the suit the present petitioner/plaintiff filed an application for withdrawal of suit with the permission to file a fresh…

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