| Citation(s) |
|---|
| 2026 SLD 3250 |
Writ Petition No.19357 of 2026
Presented By: (RAHEEL KAMRAN) JUDGE
Date of hearing 30.06.2026 Petitioner by: Ch. Irshadullah Chattha, Advocate.
Respondent No.3 by: Nemo.
Respondent No.4 by: Mr. Qamar-uz-Zaman Cheema, Advocate.
Ghulam Hussain
VERSUS
Additional District & Sessions Judge, Wazirabad and others
Law: Constitution of Pakistan 1973
Section: 199
Law: Code Of Civil Procedure, 1908.
Section: 1(1), 1(2)(a), 1(2)(b), 1(3)
Tagline
Permission to withdraw a suit with liberty to file a fresh suit cannot be granted without recording reasons; if permission is refused, the suit must continue unless the plaintiff voluntarily withdraws it simpliciter.
Summary
The petitioner challenged the orders of the Civil Judge and the Additional District Judge, whereby the plaintiff (respondent No.3) was permitted to withdraw his suit with liberty to institute a fresh suit under Order XXIII Rule 1 CPC.
The plaintiff had stated that the plaint contained legal defects and had been drafted on incorrect facts contrary to his instructions. Without identifying the alleged defects or recording reasons, the trial court allowed withdrawal of the suit with permission to file afresh. The revisional court upheld that order.