Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----OXXIII, R. 1 (3)---Withdrawal of suit without permission to file a fresh suit---Subsequent suit on same cause of action between the same parties would not be competent---Basic dispute raised in previous suit and the present suit was the validity or otherwise of the will executed by the deceased in favour of defendant---Previous suit having been withdrawn without getting permission to file fresh suit, subsequent suit on the same cause of action was liable to be dismissed by Courts below. (c) Civil Procedure Code (V of 1908)--- ----OXXIII, R. 1 (3) & S. 115---Withdrawal of suit without permission to file suit---Dispute between plaintiff and one of the defendants in subsequent suit related to entitlement to inheritance of deceased which was not subject-matter of previous suit---Such cause of action was not even available at the time when previous suit was filed and dismissed as withdrawn---Plaintiff's suit to the extent of such claim was thus, maintainable---Courts below had erred in dismissing plaintiff's suit to the extent of claim which was not the subject ­matter of previous suit and cause of action of same arose after the institution and disposal of the previous suit---Case was remanded to the extent of the claim which was not the subject-matter of previous suit with direction that such claim be decided on merits. JUDGMENT Mehdi Khan predecesor-in-interest of the petitioners filed a suit against the respondents Mst. Gohran widow of Ghulam Muhammad seeking declaration to the effect that a deed of will registered on 8-7-1972 executed in` favour of respondent No.1 by Ghulam Muhammad deceased was forged and not executed by the deceased and, hence, is null and void and will not affect the rights and interest of the plaintiff who is the sole legal heir of the deceased This suit was dismissed as withdrawn vide order dated 4-10-1974. A certified copy of this order has been placed by the petitioners at page 35 of this petition. The order is reproduced as under:- Rawalpindi District. In the Court of Ejaz Muhammad Chaudhrai, Civil Judge, Rawalpindi. Suit No. 449 Date of Institution. 17-7-1972 Date of Decision. 4-10-1974…

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