Law: Civil Procedure Code (V of 1908)

Section: O.XXIII,1,115

Law: Civil Procedure Code (V of 1908)

Section: O.XXIII,1,115

Law: Specific Relief Act, 1877

Section: 42

(a) Civil Procedure Code (V of 1908)--- -------O. XXIII, R.1 & S.115---Specific Relief Act (I of 1877), S.42---Suit for declaration and partition of property---Plaintiff had described the suit property with its boundaries---Khewat, Khatoni and Khasra numbers of the fields had not been mentioned in the body and prayer clause of the plaint---High Court in circumstances, was justified in allowing them to withdraw the civil suit and to file a fresh one in order to avoid multiplicity of proceedings in respect of the same cause of action and the same property----Permission to withdraw a civil suit for the purpose or filing a fresh one can be granted by the Appellate and Revisional Court at any stage of proceedings. Haji Muhammad Boota and others v. Member (Revenue), Board of Revenue Punjab and others PLD 2003 SC 979; Qamar Zaman and others v. Musammir Shah 2000 SCMR 1730 and Ismail v. Fida Ali PLD 1965 SC 634 ref. (b) Civil Procedure Code (V of 1908)------- ----O. XXIII, R.1---Withdrawal of suit---Scope---Withdrawal of suit with permission to institute another one is not restricted only to the cases of formal defect---Scope of O.XXIIT, R.1., C.P.C. is wide enough to empower a Court to grant such permission on some other sufficient grounds. Haji Muhammad Boota and others v. Member (Revenue), Board of Revenue Punjab and others PLD 2003 SC 979; Qamar Zaman and others v. Musammir Shah 2000 SCMR 1730 and Ismail v. Fida Ali PLD 1965 SC 634 ref. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.-------This appeal, by leave of the Court, is directed against order, dated 10-5-2000, passed by a learned Single Judge of the High Court of Balochistan, Quetta in C.M. Application No.587 of 2000 in Civil Revision No.300 of 1999. The respondents instituted a civil suit in the Court of Qazi, Jhalawan, Khuzdar, against the appellants, for declaration through partition of the suit property as described in the title of the plaint. The trial Court framed necessary issues, on the divergent pleadings of the parties and recorded their evidence. By judgment and decree, dated 12-5-1999, the suit of the respondents was dismissed. Therefore, they preferred an appeal before Majlis-e-Shoora, Khuzdar, which…

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