Law: Civil Procedure Code (V of 1908)

Section: 1,11

(a) Civil Procedure Code (V of 1908)--- ----O. XXIII, R. 1---Withdrawal of suit or abandonment of part of claim---Scope---Permission to withdraw suit can only be granted to remove a defect, which is apparent or formal and its presence in the suit may fail the same---Where the defect is latent and touches merits of the case, then permission to withdraw a suit on this score cannot be granted---Existence of sufficient grounds is condition precedent for allowing the plaintiff to institute a fresh suit. Sardar Muhammad Kazim Ziauddin Durrani and others v. Sardar Muhammad Asim Fakhuruddin Durrani and others 2001 SCMR 148; Messrs Artisans Craftsmen, Rehabilitation Society and 2 others v. Mst. Asif Jahan Begum and 10 others 1990 MLD 1702; Khawaja Bashir Ahmed and Sons (Pvt.) Ltd., Multan v. Messrs MARTRADE Shipping and Transport, GmbH through Brokers / Local Agents and another 2015 MLD 1459; Haji Muhammad Boota and others v. Member (Revenue), Board of Revenue, Punjab and others PLD 2003 SC 979; Muhammad Yar (Deceased) through L.Rs. and others v. Muhammad Amin (Deceased) through L.Rs. and others 2013 SCMR 464; Muhammad Yousaf and others v. Nazeer Ahmed Khan (Deceased) through LRs and others 2021 SCMR 1775; Ghulam Rasool v. Government of Punjab through District Officer (Revenue), Sahiwal and 4 others 2016 MLD 1660 and The Fauji Foundation Charitable Trust through Major (Retd.) Ikram-ul-Haq v. Federal Land Commission through Chairman and 7 others 2020 YLR 2188 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XXIII, R. 1 O. VII, R. 11---Withdrawal of suit or abandonment of part of claim---Rejection of plaint---Scope---Filing of application for withdrawal of the suit under O. XXIII, R. 1(2), C.P.C. to circumvent the bar imposed under O. VII, R. 11, CPC is itself defective and mala fide as well. (c) Civil Procedure Code (V of 1908)--- ----O. XXIII, R. 1---Withdrawal of suit or abandonment of part of claim---Scope---Where plaintiff had neither pointed out any formal defect in the suit nor his application disclosed any justification for extending permission to withdraw the suit and file the fresh one on the subject matter, High Court observed that permission could not be…

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