1989 PLP 535 (MLD)
MUHAMMAD YAMEEN KHAN and‑others‑‑Appellants Versus KHUSHI MUHAMMAD‑‑Respondent
| Citation | 1989 PLP 535 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Khalil‑ur‑Rehman Khan, J |
| Parties | MUHAMMAD YAMEEN KHAN and‑others‑‑Appellants Versus KHUSHI MUHAMMAD‑‑Respondent |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 1989 PLP 535 (MLD)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 535 (MLD)?
The case was heard and decided by the Lahore bench comprising: Khalil‑ur‑Rehman Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 535 (MLD) (MUHAMMAD YAMEEN KHAN and‑others‑‑Appellants Versus KHUSHI MUHAMMAD‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ijaz Feroze for Appellant.
- Abdul Aziz Qureshi for Respondent.
- Date of hearing: 15th February, 1989.
Headnotes / Summary
‑‑‑O.XXIII, Rr.1 & 3‑‑Withdrawal of suit‑‑Plaintiff/decree‑holder himself stated before Court that in view of compromise arrived at between him and judgment debtor, suit filed by him should be allowed to be withdrawn and dismissed Suit allowed to be withdrawn in view of statement of plaintiff/decree‑holder and judgm5361entAand and decree passed by Courts below in his favour were set aside.
Judgment & Decree
‑‑‑O.XXIII, Rr.1 & 3‑‑Withdrawal of suit‑‑Plaintiff/decree‑holder himself stated before Court that in view of compromise arrived at between him and judgment debtor, suit filed by him should be allowed to be withdrawn and dismissed Suit allowed to be withdrawn in view of statement of plaintiff/decree‑holder and judgm5361entAand and decree passed by Courts below in his favour were set aside. Ijaz Feroze for Appellant. Abdul Aziz Qureshi for Respondent. Date of hearing: 15th February, 1989. Khushi Muhammad, respondent/pre‑emptor/plaintiff is present. He is identified by Mukhtar Ahmad, Advocate, Gujranwala who in turn is identified by Mr. Abdul Aziz Qureshi, Advocate. Khushi Muhammad respondent states that in view of the compromise arrived at between the parties, the suit filed by him may be allowed to be withdrawn and be dismissed as withdrawn leaving the parties to bear their own cost. He adds that he is conscious of the fact that by withdrawing the suit, the decree granted in his favour by the learned trial Court and confirmed by learned Additional District Judge will stand set aside and rendered ineffective.
2. In view of above statement of the pre‑emptor/decree‑holder, the judgment and decree dated 27‑6‑1985 of the learned trial Court and the judgment and decree dated 16‑1‑1986 of the learned Additional District Judge are hereby set aside. The suit of the pre‑emptor/respondent is allowed to be withdrawn and is hereby dismissed. The parties are left to bear their own cost. H.B.T./M‑1148/L Order accordingly.