Law: Civil Procedure Code (V of 1908)

Section: O. XXIII, r. I, r.7

Civil Procedure Code (V of 1908)  O. XXIII, r. I read with O. XXXI,r.7 -Withdrawal of suit, on behalf of minor through next friend-Next friend praying for with drawal of suit for reason that next friend unable to bear expenses of litigation and that withdrawal would be in interest of minor- ' Court allowing withdrawal of suit and passing order "Permission is accorded"-Held, trial Court not conscientious and judicious of mind while granting permission to withdraw suit and passing order of dismissal --Bounden duty of Court to see that withdrawal effected in interest of minor and reasons to be advanced in order of withdrawal--Leave granted to withdraw suit on behalf of minor Order set aside and case remanded for trial and disposal in accor dance with law.                                                                                                                                          JUDGMENT This is a revision petition against an order dated 20th November 1976 passed by Sub-Judge, Bagh by which. Mst. Asbraf Jan, the next friend of the minor-plaintiff Mst. Mohbat Bi was allowed to withdraw the suit. Mst. Asbraf Jan, the next friend and Mst. Mohbat Bi, the minor-plaintiff are the real sisters. The former is married to one Gul Hussain. After the death of the father of the girls, the property left by their father was inherited by the mother of the girls, named Ashkar Bi and a sister of the deceased and the daughters themselves. It so happened that Mst. Ashraf Jan, the mother of the plaintiff petitioner entered into a second marriage with one Fateh Alam son of Qasim Ali, the respondent. The land inherited by the legal heirs of Sher Mohammad was sold to Qasim Ali respondent by Ashkar Bi, the widow, Mst. Kammi, the sister and Mst. Mohbat Bi, the minor through the mother acting as her guard an - This sale to…