Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXIII, R. 1 & S. 10---Withdrawal of suit---Subsequent suit---Maintainability---Plaintiff, while filing the suit disclosed in the plaint with regard to pendency of an earlier suit---Plaintiff contended that earlier suit would be withdrawn---Subsequent suit was not hit by provisions of S. 10, C.P.C. as earlier suit had been withdrawn by the plaintiff---Section 10 of Civil Procedure Code, 1908 was not attracted as there was no lis pending before another Court---No bar existed to file subsequent suit in presence of earlier one---When earlier suit was withdrawn after institution of subsequent suit then provisions of O. XXIII, C.P.C. were not attracted and fresh suit could not be declared to be barred by law---Findings recorded by the Trial Court did not suffer from any mis-reading or non-reading of record---Appeal was dismissed in circumstances. Muhammad Saleem and another v. Messrs M. Yousaf ADI Saleem and Co. through Muhammad Yousaf Adil and 6 others 2011 YLR 3016; Muhammad Hussain and 12 others v. Mst. Arifa Begum and 2 others 2008 YLR 157 and Ghulam Nabi and others v. Seth Muhammad Yaqub and others PLD 1983 SC 344 rel. THIS JUDGMENT DELIVERED BY: ATIR MAHMOOD, JUSTICE:---.--- This appeal is directed against the order dated 21.03.2015 passed by the learned Additional District Judge, Gujrat whereby the application for temporary injunction filed by the respondent-plaintiff was accepted. 2. The brief facts of the case are that the respondent filed a suit for infringement, permanent injunction, passing off, damages and unfair competition under the Trade Marks Ordinance, 2001 along with an application under Order XXXIX, Rules 1 and 2 of C.P.C. for grant of temporary injunction. The suit was contested by the appellants by filing the written reply. There-after, the learned appellate court fixed the case for the affixation of court-fee by the respondent and after affixation of the court fee case was fixed for the arguments on the application under Order XXXIX, Rules 1 and 2 read with section 151 of C.P.C. The said application was contested by the appellants by filing the written reply. After hearing the parties, the learned…

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