Law: Civil Procedure Code (V of 1908)

Section:

Civil Procedure Code (V of 1908)--- ---- OXXIII, R1 --- Withdrawal of suit --- Plaintiff's option to withdraw suit-- Exception --- Request to withdraw suit --- Plaintiff would be within his rights to withdraw suit at any stage during its tendency unconditionally, but where he wanted to bring a fresh suit he had to seek permission from the Court at the time of withdrawal --- Plaintiff, however, in the event of withdrawal of suit, could be burdened with the costs of suit --- Right to withdraw suit could not be exercised where independent rights, enforceable in law, had been created in favour of other parties --- Rights of other parties being not affected by withdrawal of suit; application for withdrawal of suit was granted. Sirajuddin v. Mst. Amtul Rauf and 12 others P L D 1977 Kar. 933; Amjad Rashid Khan Malik and another v. Mrs. Zubeda Rashid Khan and another 1984 C L C 2851 and A I R 1934 Mad. 337 ref. Sirajuddin v. Mst. Amtul Rauf and 12 others PLD 1977 Kar. 933; Malik Mumtaz Ali v. Pakistan -through Secretary, Refugees and Works, Government of Pakistan, Rawalpindi and 3 others PLD 1971 Lah. 395; Manager, Muslim, Commercial Bank, Chhattar Domel Branch, Muzaffarabad v. Maqsood Khan and 7 others PLD 1986 AJ&K 215; Muhammad Rahim v. Bashir Khan & 3 others PLD 1983 Pesh. 115 and Sheikh Muhammad Ranizan v. Muhammad Asghar Ali PLD 1984 Lah. 230 rel. Z.U. Ahmad for Plaintiff. Khalilur Rehman for Defendants ORDER Granted 2. This application has been moved by the plaintiff under Order 23, Rule 1, C.P.C. read with section 151, C.P.C. praying as under:- The plaintiff, therefore, is withdrawing the suit and the same may be deemed to have been withdrawn and the Hon'ble Court will be pleased to pass an order according, without any right in the defendants to receive notice of this application except claiming costs, if any. Mr. Khalilur Rehman, Advocate, who is present in Court is appearing for defendants Nos.2 to 7 and has vehemently opposed this application. In order to appreciate the submissions of the learned counsel for the parties.it would be proper that the relevant facts be mentioned. This suit was originally filed by the plaintiff against the…