Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----OXXIII, R.1---Dismissal of suit as withdrawn whether a bar to the institution of fresh suit on the same cause of action---Withdrawal of suit under provision of O.XXIII, R.1(2), C.P.C. was not a bar to the institution of fresh suit even though no permission was granted to file fresh suit. Moula Bakhsh v. Muhammad Zahid and others PLD 1990 SC 596; Karim Gul and another v. Shahzad Gul and another PLD 1968 Pesh: 134: Pakistan Industrial Dev. Corporation v. Pakistan through Secretary, Ministry of Finance, Islamabad and another PLD 1984 Kar.1 and Mir Zaman v. Mst. Begum Jan and 11 others PLD 1983 Peshawar 100 ref. Moula Bakhsh v. Muhammad Zahid and others PLD 1990 SC 596 and Karim Gul v. Shahzad Gul and another 1970 SCMR 141 rel. (b) Civil Procedure Code (V of 1908)--- ----O.VII, R.11 & O.XXIII, R.1(2) & S.115---Dispute in previous suit settled through private compromise---Effect of withdrawal of suit on basis of compromise---Where plaintiff had withdrawn his previous suit not because he wanted to remove any formal defect but because dispute was settled through a private compromise, withdrawal of such suit on plaintiffs admission or representation amounted to estoppel and was binding on in thus restraining him to bring a fresh suit on same cause of action---Order of Courts below rejecting plaint in fresh suit was upheld in revision. PLC, 1983 Pesh.100 rel. Karim Gul and another v-. Shahazad Gul and others PLD 1968 Pesh. 134 and Pakistan Industrial Corporation v. Pakistan through Secretary, Ministry of Finance, Islamabad PLD 1984 Kar. 1 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD KHIYAR, JUSTICE---.--- This civil revision under section 115 of the Civil Procedure Code is directed against the dated 30-10-1988 of the learned District Judge, D.I. Khan, vide which the appeal of the petitioner against the order dated 3-5-1989 of the learned Civil Judge, D.I. Khan, was dismissed. 2. The facts of the case are that Muhammad Bakhsh, petitioner, herein, instituted a suit for permanent injunction against Abid Hussain Shah, respondent No. 1 herein, on 18-2-1984 that defendant-respondent No. l herein had no concern with the suit…

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