Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.XXIII, Rr.3 & 1 and S.115---Withdrawal of suit with permission to file fresh one on payment of costs---First Appellate Court with the consent of both the parties allowed withdrawal of suit permitting plaintiff to file fresh suit on payment of specified amount of costs---Validity---Impugned order had been passed on basis of statements made by counsel of both the parties, who were competent to make such statements---Impugned order whereby plaintiffs were permitted to file fresh suit was, thus, a consent order ---Revisional jurisdiction being discretionary in nature could not be exercised in favour of a. person who wanted to resile from his commitment---Statement of defendants' counsel was binding upon them who could not now turn round and say that the suit in question, should not have been allowed to be withdrawn with permission to file fresh one---impugned order of Court was, thus passed with lawful authority which called for no interference. (b) Civil Procedure Code (V of 1908)--- ----OXXIII, R.1---Permission to withdraw suit to file fresh one ---Essentials--­Such permission could be granted even for other "sufficient grounds"---Pointing out and determining formal defects specifically was not always necessary while making a prayer to withdraw a suit and file a fresh one---Impugned order besides having been passed with consent was also lawful. Kumar Dwivedi and others v. Thakurji Maharaj Brijman and another AIR 1959 All. 463; Gurprit Singh and another v. Punjab Government AIR 1946 Lah. 429 and Municipal Committee, Chakwal v. Ch. Fateh Khan and others PLD 1959 Lah. 535 ref. JUDGMENT Facts of the case out of which this Civil Revision has arisen are that Hussain Bakhsh and other plaintiffs who are respondents before this Court filed a suit for perpetual injunction against Mana and other defendants who are petitioners before this Court. They claim title on the basis of a Court decree dated 17-6-1968. The suit was contested by the petitioners. Learned trial Court settled various issues and after recording of evidence set down the case for judgment on 17-1-1976. On that date, the judgment was not announced and the case…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492