Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXIII, R.2---Withdrawal of suit with permission to file fresh suit on same cause of action---Principles---Plaintiff sought withdrawal of suit on the ground of its being defective for want of proper prayer and proper and necessary parties---Validity---Court, if satisfied that suit would fail by reason of some formal defects or there were other sufficient grounds for allowing plaintiff to institute fresh suit for the subject-matter of the suit, permission under O.XXIII, R.2, C.P.C. could be granted to plaintiff to withdraw the suit with liberty to institute a fresh suit---Plaint, in the present case, suffered from formal defect and suit would fail for want of necessary and proper parties and prayers, therefore, High Court allowed plaintiff to withdraw the suit with permission to file fresh suit---Application was allowed in circumstances. ORDER NADEEM AZHAR SIDDIQI, J.--- By consent of the learned counsel C.M.A. No.459 of 2008 is taken up for hearing. By this application the plaintiff has prayed for withdrawal of the suit with permission to file a fresh suit on the same cause of action. Learned A.A.-G. submits that the plaintiff has filed this collusive suit on the basis of forged and fabricated documents and when this objection was taken in the written statement filed by defendant No.4 the plaintiff has filed this application for withdrawal of the suit with ulterior motives. Learned counsel for the plaintiff submits that the suit is defective for want of proper prayer and for want of proper and necessary parties. At this stage when the plaintiff is going to withdraw…

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