Law: Civil Procedure Code (V of 1908)

Section: 1,1(2)(b)

(a) Civil Procedure Code (V of 1908)--- ----O.XXIII, R. 1---Withdrawal of suit with permission to file fresh suit, application for---Scope---Where the plaintiff had applied for the withdrawal of his suit or had sought the abandonment of his claim or a part thereof, with the permission of the Court to bring a fresh suit, it was within the authority of the Court obviously with the parameters of O.XXIII, R. 1(2)(a) (b), C.P.C to either decline such request or allow the permission--- In the eventuality of refusal the suit should not be dismissed simpliciter, rather the request for permission alone be turned down and the suit should continue, thus obviously the plaintiff shall have a right, to choose his further course of action and to decide whether he should withdraw the suit or not--- In the other eventuality, there did not seem any problem except that the Court had to record its reasons justifying the permission, which in any case shall be so recorded in either of the eventuality---However, the problem was faced where the request was not declined in express and clear words, yet the suit was ‘dismissed as withdrawn’ without recording the reasons; though such an order shall be bad for failure to assign the reasons and if not assailed on that ground by the other side it shall attain finality, but in the situation it should be implied, considered and deemed that the Court had found it to be a fit case for the permission and had granted the plaintiff permission to file a fresh suit, because this was the [safer] course, which should be followed in the interest and promotion of justice, otherwise serious prejudice shall be caused to the plaintiff who shall have to face the bar of O.XXIII, R.1(3), C.P. and shall be left in a flummox. Muhammad Yar (dec’d) and others v. Muhammad Amin (dec’d) and others 2013 SCMR 464 quoted. (b) Civil Procedure Code (V of 1908)--- ----O.XXIII, R. 1(2)(b)---Withdrawal of suit with permission to file fresh suit, application for---Permission by Court to withdraw suit with liberty to institute fresh suit if “there are other sufficient grounds” [O. XXIII, R. (1)(2)(b), C.P.C]---’Grounds’---Scope and meaning---For O. XXIII, R. (1)(2)(b), C.P.C…

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