Law:

Section:

(a) Civil Procedure Code (V of 1908)-------0. VII, R.11---Rejection of plaint---Object---Under the provisions of O. VII, R.11, C.P.C. the principles involved are two-folds; in the first place the provision contemplates that still born suit should be properly buried at its inception, secondly, it gives plaintiff a chance to retrace his steps at the earliest possible moment, so that if permissible under the law, the plaintiff may file a properly constituted suit. (b) Civil Procedure Code (V of 1908)--- ----0. XXIII, R.1---Unconditional withdrawal of suit---Effect---Where a suit is withdrawn by a party under O.XXIII, R.1(1), C.P.C. unconditionally, such party is precluded from bringing a fresh suit under O.XXIII, R.1(3), C.P.C. on the same cause of action. Abdul Rasheed Saudagar v. S.M. Lalita Rai PLD 1959 SC 287; Mir Zaman v. Mst. Magum Jan PLD '1983 Pesh. 100; Abdul Karim Butt v. Government of Balochistan 1989 CLC 1625 and Bashiran Bibi v. Hidaytullah 1996 SCMR 1051 ref. (c) Civil Procedure Code (V of 1908)--- ----0.11, R.2, O.Vll, RAI & O.XXIII, R.1---Rejection of plaint--­Unconditional withdrawal of earlier suit---Second suit on same cause of action---Validity---Where earlier suit was withdrawn unconditionally under the provision of O.XXIII, R. 1(1), C.P.C., the plaintiff was precluded from instituting fresh suit on the same cause of action under O.XXIII, R.1(3), C.P.C.---Such subsequent suit was barred under O.XXHI, R.1(3) & O.Il, R.2, C:P.C. and the plaint was liable to be rejected under O.VII, R.11, C.P.C. Abdul Rasheed Saudagar v. S.M.. Lalita Rai PLD 1959 SC 287; Mir Zaman v. Mst. Magum Jan PLD 1983 Pesh. 100; Abdul Karim Butt v. Government of Balochistan 1989 CLC 1625; Bashiran Bibi v. Hidayatullah 1996 SCMR 1051; Naba Kumar Hazro and another v. Radhashyam Mahish* and others AIR 1931 PC 229 and M.K. Abbasi v. United Bank Ltd. 1983 CLC 482 ref. ORDER The defendants through C. M. As. Nos. 1103 of 1999, 1104 of 1999 and 5637 of 1999 have prayed for rejection of the plaint on the grounds of (1) barred under Order 23, Rule 1, C.P.C. (2) barred under the provisions of Rule 2 of Order 2, C. P. C. (3) barred by section 11, C. P. C. and (4) plaint does…

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