Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXIII, Rr.1 & 2---Withdrawal of suit---Scope---Plaintiff under O.XXIII, R.1, C.P.C., could at any time withdraw from the suit without prior permission of the court, but if he wanted to file a fresh suit, he had to make an application under R.2 of O.XXIII, C.P.C. for withdrawal of the same on the ground of some formal defect; or any other error---Purpose of R.2 of O.XXIII, C.P.C. was to prevent the plaintiff from filing fresh suit after having failed to conduct the first one with care and diligence---Plaintiff had a right to withdraw a suit whenever he desired, but he could not file fresh suit on the same subject, without permission of the court. Karamat Ali Khan and another v. Sardar Ali and 29 others PLD 2001 SC (AJ&K) 30 ref. ORDER MUHAMMAD AZAM KHAN, C.J.---The instant petition for leave to appeal arises out of the judgment of the High Court dated 29th August, 2011, whereby appeal filed by Muhammad Shafi, respondent, has been accepted and the judgment of the Additional District Judge, Muzaffarabad, dated 12th August, 2009, has been set aside and order and decree passed by the trial Court on 11th July, 2009 is restored. 2. The necessary facts for the disposal of the petition for leave to appeal are that the petitioner filed a declaratory suit with the prayer of consequential relief to the effect that he is owner of the land measuring 3 kanals, 17 marlas, previous Survey No. 578, new Survey Nos. 1106 and 1107, situate in village Chatter Domel, on the strength of decree passed by the Civil Court on 6th February, 1989 and sale-deed allegedly executed by his father in respect of the said land in 1987 is fake, fictitious, without consideration, without possession, based on fraud and conspiracy, illegal, inoperative on the rights of plaintiff and liable to be set aside. A prayer for correction in the Revenue Record was also made. It was further prayed that the order for dispossession passed by the Development Authority on 17th December, 2007 is also against law. The defendant-respondent No. 1 filed written statement and specifically alleged that the land was purchased by him from the father of the plaintiff,…

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