Law: Civil Procedure Code (V of 1908)

Section: 1(4)

Civil Procedure Code (V of 1908)--- ----O.XIV, R. II XXIII, R.1(4)---Sindh Chief Court Rules (OS), R. 22(7)---Withdrawal of suit without condition---Principle---Short case---Amongst the two plaintiffs, one of them filed application seeking unconditional withdrawal of suit by treating it as a short case---Validity---Court had no jurisdiction under O.XXIII, R.1(4), C.P.C. to permit one of several plaintiffs to withdraw suit without consent of others---Consent of other plaintiff was not brought on record---Issuance of cheques and execution of settlement agreement between parties were admitted-applicant was principle debtor whereas other plaintiff was his father who stood suretys failed to pay outstanding amount in terms of settlement agreement as plaintiffs themselves approached Court and obtained restraining orders but they failed to furnish surety to the satisfaction of Court---Interim order passed by Court earlier was recalled, thereafter plaintiff-applicant filed application under S.22(7) of Sindh Chief Court Rules (OS) read with O.XIV, R.11, C.P.C.---High Court declined to declare the proceedings as ‘short case’ and plaintiff-applicant was not allowed to withdraw the suit unconditionally---Application was dismissed, in circumstances. Pakistan Defence Officers, Housing Authority v. Muhammad Afsar and others PLD 2015 Sindh 239 ref. Javaid Iqbal Abbasi and Company v. Province of Punjab and others 1996 SCMR 1433; Amjad Rashid Khan Malik v. Mrs. Shahida Naeem Malik and others 1992 SCMR 485; Rafique Hazquel Masih v. Bank Alfalah Ltd. and others 2005 SCMR 72 and Messrs State Engineering Corporation Ltd. v. National Development Finance Corporation and others 2006 SCMR 619 rel. ORDER SYED HASAN AZHAR RIZVI, JUSTICE:---.--- By this order I intend to dispose of following CMAs:- (1) C.M.A. No.4950/2020 filed by the defendant No.2 under Order 39 Rules 4 and 151, C.P.C. to modify/discharge and/or set-aside the ad-interim order dated 25.02.2020 whereby the defendants were directed not to present cheque bearing No.A-26431624 dated 28.02.2020 of Rs.60 Million for encashment, however, that was subject to furnishing appropriate surety of Rs.60 Million to the satisfaction of…

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