Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Civil Procedure Code (V of 1908)--O.XXIII, R.1---Constitution of Pakistan - (1973), Art. 185(3)--­Withdrawal of suit with permission of the Court to file fresh suit and payment of cost to the other party---Non-payment of cost was condoned by the High Court---Leave to appeal was granted by Supreme Court to consider as to whether the High Court was not justified to have condoned the "contumacious conduct" of the party in non-payment of costs to the other party in compliance with the Trial Court's order in the first round of litigation between the parties, for filing the suit afresh notwithstanding the two earlier orders passed by the High Court. (b) Civil Procedure Code (V of 1908)--- ----O. XXIII, R.1---Withdrawal of suit with permission of Trial Court to file fresh suit and payment of costs to the other party---No time for payment of costs was specified in the order granting permission to withdraw from the suit---Delay was rightly condoned by the Trial Court in exercise of its inherent powers as element of mala fide was missing. Malang Dad v. Mah Pari PLD 1993 SC 6 and Haji Abdul Rashid Sowdagar v. S.M. Lalita Roy and others PLD 1959 SC 287 ref. (c) Civil Procedure Code (1' of 1908)--- ----O.XXIII, R.1---Withdrawal of suit with permission of Trial Court to file fresh suit and payment of costs to the other party---Failure to pay costs to the other party by the plaintiff---Dismissal of suit---Validity---Order of dismissal .of the suit could be passed only after it was found that the plaintiff, on an objection taken, was not willing to comply with the terms on which he was permitted to withdraw the suit with liberty to institute a fresh suit---Whether the condition had or had not been fulfilled was for the Court to determine in each case and in determining, such question, Court had an inherent power to condone bona fide delays, omissions, etc. Haji Abdul Rashid Sowdagar v. S.M. Lalita Roy and others PLD 1959 SC 287 ref. Abdus Samad Khan, Advocate Supreme Court and Syed Safdar Hussain, Advocate-on-Record (absent) for Appellants. K.G. Saber, Advocate-on-Record for Respondent Dates of hearing: 19th and 20th June, 2000. JUDGMENT QAZI MUHAMMAD FAROOQ, J.---This…

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