Law: Civil Procedure Code (V of 1908)

Section: 1(2)

  Civil Procedure Code (V of 1908). ----O.XXIII, R.1(2)---Application for a post facto permission for filing a fresh suit after such fresh suit is already filed is something quite alien to the provisions of O.XXIII R.1(2), C.P.C.---Court has the jurisdiction to permit withdrawal of a suit only when the suit is pending before it, that is, at any time before it passes a decree---Language of O.XXIII, R.1 (2), C.P.C. implies that sanction for filing fresh suit has to be obtained not only during the pendency of the suit but also before the fresh suit is instituted. Golam Kibria v, Promatha Bhusan Dev 163 I C 367 ref. Civil Procedure Code (V of 1908) .. ----O.XXIII, R.l(2) & OXII, R.11--.Filing of application for withdrawal of suit under O.XXIII, R.1(2) to circumvent the bar imposed under O.VII, R.11 C.P.C. was defective and mala fide as well. Civil Procedure Code (V of 1908)---- ---O.XXIII, R. 1(3) Court allowed simple withdrawal and did not grant permission for filing of the fresh suit---Such suit would be barred under O.XXI11 R-1(3) suit being in respect of the same subject-matter and no permission having been obtained to file fresh suit. Habibullah Samo, for Plaintiffs. Shafat, K.M. Nadeem, A.A.-G., Inayat Ali and Abdullah Khan for Defendants. ORDER This is an application under Order VII, Rule 11, C.P.C. filed by the Defendants parying that the plaint be rejected thereunder, as no cause of action has accrued to the plaintiffs. It is explained in the affidavit accompanying the application that this suit has been filed by the plaintiffs with regard to a land which was basically allotted to Artisans and Craftsmen Rehabilitation Committee in the year 1949 and a portion of the same measuring 1,925 sq. yds was allotted to Khawaja Moeenuddin in 1951 by the said Committee. The plaintiffs have filed the suit claiming to be the members of the Artisans and Craftsmen Rehabilitation Society and the documents produced by them for establishing the existence of the said society pertain to Artisans & Craftsmen   Co-operative Society Private Ltd. registered in 1980. As such the plaintiffs have no cause of action to file this suit. During the course of arguments…