1989SCMR596 (PLP)
Mirza BASHIR MUHAMMAD and others — Petitioners Versus MUHAMMAD ALI — Respondent
| Citation | 1989SCMR596 (PLP) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Saad Saood fait, JJ |
| Parties | Mirza BASHIR MUHAMMAD and others — Petitioners Versus MUHAMMAD ALI — Respondent |
Q1: What are the key laws and sections cited in 1989SCMR596 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR596 (PLP)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Saad Saood fait, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR596 (PLP) (Mirza BASHIR MUHAMMAD and others — Petitioners Versus MUHAMMAD ALI — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sh. Masud Akhtar, Advocate-on-Record for Respondents Nos. 4 and 5.
- Date of hearing: 14th September, 1988.
- Sh. Masud Akhtar, Advocate‑on‑Record for Respondents Nos. 4 and 5.
Headnotes / Summary
(Against the judgment and order of the Lahore High Court, Multan Bench, Multan, dated 22-5-1982 and dated 10-4-1982 in C.R.194/82 and Revision Petition No.10-C-1982).
OXXIII, R.1(3)--Constitution of Pakistan (1973), Art.185(3)--Withdrawal of suit--Permission to file fresh suit not granted by Court--Plaintiffs' subsequent suit was dismissed on grounds of res judicata and non-maintainability due to the bar contained in O.XXIII, R.1(3) of Civil Procedure Code--Plaintiffs' revision and review applications dismissed by High Court--Application for withdrawal of earlier suit clearly stated therein that on account of some technical grounds same was sought to be withdrawn--Clear prayer was also made in that application that permission be granted for filing a fresh suit--Court did not read the application and omitted to mention second part of application regarding re-filing of the suit- Held, it was a fit case for grant of leave. Mirza Muhammad Rashid Ahmad Raza Petitioners in person.
Judgment & Decree
Mirza Muhammad Rashid Ahmad Raza Petitioners in person. Sh. Masud Akhtar, Advocate‑on‑Record for Respondents Nos. 4 and
5. Date of hearing: 14th September, 1988. MUHAMMAD AFZAL ZULLAH, J.‑‑The petitioners'/plaintiffs' Civil Revision and a Review Application having been dismissed by the High Court, they have now sought leave to appeal. The petitioners' suit for declaration regarding an inheritance was dismissed on two grounds; (1) res judicata; and (2), non‑maintainability of the suit in view of the bar contained in Order XXIII, rule 3 of the C.P.C. The petitioners had withdrawn the earlier suit and it was held against them that they had not sought and obtained permission to re file it. Their appeal and civil revision and a review have failed. Our attention has been drawn to the application for withdrawal of the suit (P.44 of the Paper Book). It is clearly stated therein that on account of some technical grounds the earlier suit was sought to be withdrawn. A clear prayer was also made that permission be granted for filing a fresh suit. The learned Court, it A appears, did not read the application and omitted to mention the second part of the application regarding re filing of the suit. In the circumstances of this case, we consider it a fit and proper case to grant (cave to appeal to examine the points raised in the petition. Leave to appeal accordingly is granted. Security Rs.5,
000. The appeal shall be prepared on the present record with direction to the parties to file all necessary additional documents. Stay to continue. AA./B‑77/S Leave to appeal granted.