Law: Civil Procedure Code (V of 1908)

Section: 11,1

Civil Procedure Code (V of 1908)--- ----O. VII, R. 11 O. XXIII, R. 1---Suit for declaration and permanent injunction--- Rejection of plaint---Institution of second suit during pendency of first suit filed second suit during pendency of first suit and then withdrew the first suit by making statement that he had filed another suit--- Respondents filed application for rejection of plaint on ground of maintainability---Plaint was rejected by Trial Court on ground that second suit was barred under O. XXIII, R. 1, C.P.C.---Appellate Court dismissed appeal---Validity---Bar of O. XXIII, R. 1, C.P.C. would apply to a suit instituted after withdrawal/abandonment of previous suit---Where a suit is already pending before the institution of fresh/ new suit and previous suit is withdrawn , the provision of O. XXIII, R. 1, C.P.C. would not be applicable---Said law referred to permission to withdraw a suit with liberty to institute a fresh suit after the first had been withdrawn---Order XXIII, R. 1, C.P.C. could not be read so as to bar a suit which had already been instituted before the other suit had been abandoned or dismissed---Courts below illegally passed the impugned order and against the record and misapplication of law which are not sustainable and liable to be set-aside---Revision petition was allowed accordingly and the suit was held to be deemed pending before Trial Court. Mangi Lal and another v. Radha Mohan and another AIR 1930 Lahore 599(2); Haji Ashfaq Ahmad Khan and others v. Custodian of Evacuee Property, Pakistan and others PLD 1966 (W.P.) Kar. 597; The Commissioner of Income-Tax N.C.A. Circle, Karachi and another v. Haji Ashfaq Ahmad Khan and 10 others PLD 1973 SC 406; Abdullah and 8 others v. Bashiran Bibi and 4 others PLD 1981 Lah. 336; Irshad Ali v. Islamic Republic of Pakistan and 2 others 1981 CLC 111 and Ghulam Nabi and others v. Seth Muhammad Yaqub and others PLD 1983 SC 344 rel. JUDGMENT CH. MUHAMMAD IQBAL, JUSTICE:---.--- Through this civil revision, the petitioners have challenged the legality of order dated 10.12.2011 passed by the learned Civil Judge, Hafizabad who accepted the application filed by the respondents and rejected the plaint of the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492