Law: Civil Procedure Code (V of 1908)

Section: 100,114,XXIIII,1

Law: Specific Relief Act (I of 1877)

Section: 42,54

(a)    Civil Procedure Code (V of 1908)--- ----O. XXIII, R. 1---Withdrawal of suit---Fresh suit, filing of---Maintainability--Principle---Unless plaintiff satisfies Court that the terms on which he received permission had been satisfied, there is no proper plaint before the Court, with the result that no proceedings on the plaint can be taken---Order of dismissal of suit can be passed only after it is found that plaintiff, on an objection taken, is not willing to comply with the terms on which he was permitted to withdraw the suit with liberty to institute a fresh suit. Haji Abdul Rasheed Sodagar v. S.M. Lalita Roy and others PLD 1959 SC (Pak.) 287 rel. (b)    Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Civil Procedure Code (V of 1908), Ss. 100, 114 & O.XXIII, R.1---Second appeal---Review of judgment---Non-compliance of condition on which earlier suit was permitted to be withdrawn---Applicant / plaintiff claimed to be daughter of deceased owner of suit land and his widows were limited owners who had transferred land beyond their entitlement and that land fell in legal share of applicant / plaintiff---Suit filed by applicant / plaintiff was dismissed by Trial Court but Lower Appellate Court allowed her appeal and suit was decreed---In second appeal filed by respondents / defendants Judge in Chambers of High Court set aside judgment and decree passed by Lower Appellate Court---Validity---Power to review can only be exercised for the specific purpose of correcting any error or supplying any omission which appears on the surface of the record and can be detected without further elaborate inquiry or investigation---This may apply to accidental or arithmetical mistake due to some forgetfulness not involving a mental process of reasoning or appreciation of any law or the facts already proved or admitted---Judge in Chambers of High Court fell in error while making observations regarding conditional withdrawal of suit and non-payment of cost in the judgment under review while referring to some other suit having no concern with the lis, which had a different subject matter and legal basis---Division Bench of High Court set…