Law: Civil Procedure Code (V of 1908)

Section: O.XXIII,R.1(3)

Civil Procedure Code (V of 1908)--- ----O. XXIII, R. 1(3)---Two suits with regard to same cause of action---Withdrawal of one suit---Effect---Estoppel---Scope---Trial Court conducted proceedings in two suits with regard to same cause of action and thereafter allowed plaintiff to withdraw one suit---Defendant moved application that withdrawal of suit would operate as estoppel---Trial Court dismissed the said application but Appellate Court accepted the same---Validity---Impugned order was result of mistake on the part of Trial Court---Trial Court could either consolidate the two suits or continue proceedings on one of the two suits staying proceedings on the other---Impugned order passed by the Trial Court was set aside by the Chief Court with direction to continue with the trial proceedings on either of the two suits pending trial on the other, till result of trial of one of the suits---Trial Court would be free to add any party to the case to either of the two suits if found necessary---Writ petition was allowed in circumstances. THIS ORDER PASSED BY: MUHAMMAD ALAM, J.--- This writ petition has been directed against order dated 16-12-2014 of the learned District Judge Gilgit, passed in Civil Revision No.11/2013. 2. The details of the circumstances that entailed to the petition in hand are that petitioner/plaintiff filed a suit (Civil Suit No.07/2004) on 17-02-2004. While arraying parties to the said suit, petitioner/plaintiff did not join respondents/defendants Nos.1 and 2 as parties to the suit. On 23-09-2014, petitioner/plaintiff filed another suit (Civil Suit No.119/2004). It is very important to note that both the said suits were for same cause of action and same subject matter. Very interestingly, learned trial court neither consolidated the said suits nor passed any orders of staying of proceedings on either of the two suits and instead continued with the trial of both the said two suits. A stage came when the trial court asked the petitioner/plaintiff for selection of either of the two suits for trial and for withdrawal of petitioner/plaintiff from contesting another. Then the trial court passed order dated 12-09-2007 accepting amendment petition of the…

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