Law: Civil Procedure Code (V of 1908)

Section: 152,1,2(2),2(14)

Civil Procedure Code, 1908 (V of 1908)-- ----S. 152 ,  O.XXIII, R. 1--Application for withdrawal of suit on compromise basis--Allowed--Application for correction of order--Allowed--Appeal allowed--Challenge to--Suit had been withdrawn by Respondents No. 1 to 103 within meaning of Order XXIII sub-rule 1(1), CPC without seeking permission for filing fresh suit--The provision nowhere states about passing of decree, where simpliciter permission had been granted by Court--Impugned decree passed by Courts below whereby “decree” pursuant to allowing withdrawal of suit without permission of filing fresh suit has been drawn cannot be sustained--Revision petition disposed of.  Civil Procedure Code, 1908 (V of 1908)-- ----O.XXIII, R. 1--Withdrawal of suit--At any time after institution of suit plaintiff may, as against all or any of defendants, withdraw his suit or abandon part of his claim. Civil Procedure Code, 1908 (V of 1908)-- ----S. 2(2)--Decree--A decree is formal expression of an adjudication by Court of law which conclusively determines rights of parties with regard to all or any of matter in controversy in suit, which may be a preliminary or final or partly preliminary and partly final decree.  1991 SCMR 2457 ref. Civil Procedure Code, 1908 (V of 1908)-- ----S. 2(14)--Any decision of a Civil Court which does not qualify to be a decree; Order is appealable only if provided by Section 104 read with order 43 of ‘CPC”. JUDGMENT The Respondents No. 1 to 103 (plaintiffs) filed a civil suit before learned Additional Qazi, Kharan for declaration, permanent injunction and partition of land situated at Mouza Kinri, District, Kharan including unsettled land against the petitioners (defendants) and remaining respondents (defendants) showing themselves as joint owners with the defendants. The suit was contested by the petitioners/defendants by way of filing their written statements, out of pleadings of the parties issues were framed. The plaintiffs produced five witnesses, however, during pendency of the suit on 01.04.2013 plaintiffs filed an application under Order XXIII sub-sub rule (1) of Civil Procedure Code (CPC) for simple withdrawal of the suit. The…

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