Law: Civil Procedure Code (V of 1908)

Section: O.XXIII,R.1,O.VI,R.17

Civil Procedure Code (V of 1908)--- ----O. XXIII, R. 1 & O. VI, R. 17---Withdrawal of suit with permission to file fresh one---Plaintiffs filed a suit for declaration on the basis of sale agreement---Application for amendment in the plaint was moved to insert the relief of specific performance during pendency of the suit but same was dismissed---Appellate Court allowed the withdrawal of suit with permission to file fresh suit subject to payment of cost---Validity---Court had discretion for grant of permission to withdraw the suit and file a fresh one when suit was likely to fail due to some formal defects or there were sufficient grounds for the same---Sufficient grounds existed, in the present case, for grant of permission to withdraw the suit so as to file a fresh one---Appellate Court had exercised discretion on legal, cogent and tenable basis while passing the impugned order---Revision was dismissed, in circumstances. Muhammad Mansha and others v. Sabir Ali 1999 SCMR 1782; Sh. Shajar Hussain v. Haji Abdul Majeed and others 2006 SCMR 913; Pehlwan and others v. Haji Muhammad Murad and others 2005 SCMR 1405 and Ismail v. Fida Ali and Sayyed Iqbal Shabbir PLD 1965 SC 634 rel. THIS ORDER PASSED BY: RASAAL HASAN SYED, JUSTICE: ------ Order dated 13.5.2016 of the learned Addl. District Muzaffargarh, accepting an application under Order XXIII, Rule 1, C.P.C., allowing withdrawal of suit with permission to file fresh one, has been challenged in this revision petition. 2. Facts as may be relevant for the decision of this revision petition are that a suit for declaration with injunction was filed by late Faqir Ahmad claiming oral sale of land, subject-matter of the suit, in his favour. He is represented by the respondents herein as legal heirs. The suit was contested and finally dismissed vide judgment dated 10.12.2012 of the learned Civil Judge, Muzaffargarh. In appeal against the judgment and decree dated 10.12.2012 the respondents filed an application under Order XXIII, Rule 1, C.P.C., seeking permission to withdraw the suit and to file a fresh one. The learned Addl. District Judge, after attending to the points raised before him, allowed withdrawal of suit…

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