Law:

Section:

Civil Procedure Code (V of 1908)------- O. XXITI, Rr. 1 & 2 --- Withdrawal of suit --- Permission by Court --- Withdrawal is complete the moment the order to that effect is recorded by the Court and the right to bring a fresh suit follows from the withdrawal so permitted --- Court cannot at the same time allowed to withdraw suit and refuse permission to institute fresh suit. ORDER MUHAMMAD AFZAL ZULLAH, C. J.---Leave to appeal has been Sought by a plaintiff; against the dismissal by the High Court, of his Civil Revision which had arisen out of the permission to the petitioner to withdraw his suit at the first appellate stage but refusal to grant permission to re-file the same under Order XXIII of C.P.C. Learned counsel has stated that essentially the reason for making an application for withdrawal of the suit was that inadvertently and by technical mistake the survey Khasra No. concerned; namely, 35/1 was mentioned in the plaint while it should have been Survey/Khasra No. 31. The application filed from the petitioner's side reads as follows:-- "APPLICATION UNDER ORDER 23, RULE 1. C,P.C. FOR THE WITHDRAWAL OF THE APPEAL AND THE SUIT NO.1/84 AS WELL, WITH PERMISSION TO FILE FRESH SUIT. "In the above suit, it is respectfully prayed by the appellant named above, that this Hon'able Court may be pleased to allow the Appellant to withdraw his above Appeal as also his Suit No. 15/84 decided by the learned Civil Judge Hub, from which this Appeal has arisen, with permission, allowing the Appellant, to file fresh suit in respect of Khasra No.35/1, Mouza Berote, Tehsil Hub, Distt. Lasbela, for declaration of Appellant's title and possession thereon and for the consequential reliefs, if any, since the said suit No. 15/84 was inadvertently filed mentioning therein that the Appellant had his hotel at Khasra No. 35/1, whereas, as was subsequently known, Appellant's hotel is situated at Kha-sra No. 31, and the appellant claims his old possession over Khasra No. 35/1 on the basis of materials other than his hotel. Hence withdrawal of present appeal and the suit, with permission to file fresh suit in respect of Khasra No.35/1 Berote, Hub, has become necessary. "The Hon'able…

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