Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11(d),O.XXIII,R.1

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11(d),O.XXIII,R.1

Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil Procedure Code (V of 1908)-------O. XXIII, R.1---Constitution of Pakistan, Art.199---Constitutional petition---Withdrawal of suit, without permission to file fresh suit---Effect---Plaintiff can withdraw the suit during the proceedings of the case at any stage without the permission of court, but if the plaintiff withdraws the suit without getting the permission of the court to institute fresh suit, then he cannot institute fresh suit for on the same subject-matter or such part of the claim. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R.11(d) & O. XXIII, R.1---Constitution of Pakistan, Art.199---Constitutional petition---Filing of second suit on the same cause of action--- Relinquishment of claim in earlier suit---Earlier suit was withdrawn without any permission to file the fresh one on the same cause of action---Trial Court rejected the plaint of the plaintiffs---Validity---Plaintiffs had withdrawn the previous suit unconditionally, voluntarily and without getting the permission of the court to file a fresh suit---Said fresh suit was barred by law under O.VII, R.11(d), C.P.C.---Constitutional petition was dismissed. Hashim Khan v. National Bank of Pakistan, Head Office at I.I. Chundrigar Road, Karachi and Branch Office at M.A. Jinnah Road, Quetta PLD 2001 SC 325 rel. Muhammad Rahim Shah for Petitioners. Respondent: Nemo due to motion case. Date of hearing: 3rd April, 2013. JUDGMENT MUHAMMAD DAUD KHAN, J.--- Through this constitutional petition, the petitioners have assailed the order of learned Zilla Qazi, Dir Upper, dated 27-2-2012, vide which the revision petition filed by the respondents/defendants against the order of learned Illaqa Qazi, dated 19-4-2011 was accepted, application under Order VII Rule 11 of C.P.C. was allowed and plaint was rejected under Order VII, Rule 11 of C.P.C. 2. The brief but necessary facts forming the background of instant controversy are that initially Mst. Yasmin, the present petitioner, had filed a suit for recovery of seven 'Tola' gold against Mst. Nahid Bibi. Said Mst. Nahid Bibi contested the suit by submitting written statement and out of divergent pleadings, the then learned trial Court framed issues.…

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