Law: Civil Procedure Code (V of 1908)

Section: 1

Civil Procedure Code (V of 1908)--- ----O.XXIII, R.1---Withdrawal of suit with permission to file fresh---Principle---Application filed by defendant / petitioner for rejecting the plaint was dismissed by Trial Court---During pendency of appeal against order of Trial Court, plaintiff / respondent sought withdrawal of his suit---Lower Appellate Court allowed application to withdraw the suit with permission to file fresh one---Validity---Court while allowing or disallowing permission was duty bound to advert to reasons propounded by plaintiff / respondent and to pass a speaking order assigning reasons for its conclusion meeting objective requirement of rule of satisfaction as was envisaged in O.XXIII, R.1(2), C.P.C.---When Court allowed the requisite permission, the order in that behalf must spell out the objectivity test of satisfaction so that it could be gauged and judged that request of plaintiff / respondent for withdrawal was not tainted with any oblique and mala fide motive, nor it was meant to cause harm and prejudice to defendant / petitioner to put him in disadvantageous position---Request for withdrawal was not to be motivated to misuse authority of Court and abuse the process of law---Lower Appellate Court did not give any sufficient reasons for accepting application of plaintiff / respondent---Existence of sufficient grounds was condition precedent under O.XXIII, R.2(b), C.P.C. for allowing plaintiff / respondent to institute a fresh suit---Application filed by plaintiff / respondent did not disclose any justification for extending permission to plaintiff / respondent to file a fresh suit on the subject matter---High Court set aside order passed by Lower Appellate Court granting permission to withdraw the suit---High Court remanded the matter to Lower Appellate Court for decision on appeal seeking rejection of plaint--- Revision was allowed accordingly. Muhammad Yar (deceased) through L.Rs and others v. Muhammad Amin (deceased) through L.Rs and others 2013 SCMR 464; Haji Muhammad Boota and others v. Member (Revenue) Board of Revenue Punjab and others PLD 2003 SC 979 and Salma Khalil and three others v. Rashida Siddique and another 2000 CLC 260 rel.…

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