Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. XXIII, R. I ---Withdrawal of suit---Effect---Plaintiff can withdraw a suit without permission of Court but he is precluded from instituting fresh suit in respect of the same subject-matter and such plaintiff cannot afterwards claim the relief, cause of action or portion of such claim in fresh suit. (b) Specific Relief Act (I of 1877)--- ----S. 54---Civil Procedure Code (V of 1908), O.XIII, Rr.1, 2 & O.XXIII, R.1---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Suit, withdrawal of---Filing of second suit on the same cause of action---Trial Court disallowed plaintiff to produce documentary evidence and such order of the Trial Court was maintained by High Court---After filing of second suit on the same cause of action, plaintiff withdrew the earlier suit---Validity---Simple withdrawal by plaintiff under O.XXIII, R.1 C.P.C. was permitted and it was a right which had been granted by the provisions of C.P.C.---Such right would be free from restriction if there was no hindrance in the exercise of such right--­When in a case which had been filed by the parties and a valuable right had accrued to a party in or during such proceedings, simple withdrawal could not be allowed to the plaintiff---Law could not be interpreted in such a way so as to defeat the intent of justice or to allow a plaintiff to exercise his right of withdrawal in such a way so as to take an undue and unfair advantage against his adversary and to make ineffective and inoperative the lawful orders of competent Court---Right to produce evidence was closed in the earlier suit, application under O.XIII, Rr.1 & 2 C.P.C. filed by plaintiff had been dismissed and the orders had attained finality---Plaintiff could not be allowed to withdraw his case and file another fresh suit so as to set aside the lawful orders of the Courts--­Order passed by two Courts below allowing plaintiff to withdraw the earlier suit was illegal and unlawful and were set aside---Earlier suit of the plaintiff was restored by High Court---Constitutional petition was allowed in circumstances. Karamat Ali Khan and another v. Sardar Ali and 29 others PLD 2001…

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