2008 PLP 466 (CLC)
S. ASIF ALI — Plaintiff Versus Haji GAHNO KHAN JATOI and 2 others — Defendants
| Citation | 2008 PLP 466 (CLC) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | S. ASIF ALI — Plaintiff Versus Haji GAHNO KHAN JATOI and 2 others — Defendants |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2008 PLP 466 (CLC)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 466 (CLC)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 466 (CLC) (S. ASIF ALI — Plaintiff Versus Haji GAHNO KHAN JATOI and 2 others — Defendants). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
O. XXIII, R.2
Withdrawal of suit with permission to file fresh suit on same cause of action
Plaintiff sought withdrawal of suit on the ground of its being defective for want of proper prayer and proper and necessary parties
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.
Judgment & Decree
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 the suit no finding on the merit of the case can be given. Since the plaintiff does not want to proceed with the suit the Court cannot compel him to do so and the learned. A.A.-G. may raise this objection in appropriate proceedings. However, while granting permission the Court has to satisfied itself whether the plaint suffers from defect as claimed by the plaintiff or not. I have gone through the contents of the plaint. Sub-rule (2) of order XXIII, C.P.C. provides that Court if satisfied that suit would fail by reason of some formal defects or there are other sufficient grounds for allowing the plaintiff to institute fresh suit for the subject-matter of the suit may grant permission to the plaintiff to withdraw the suit with liberty to institute a fresh suit. I am satisfied that the plaint suffers from formal defect and suit would fail in present form for want of necessary and proper parties and prayers. In view of the above C.M.A. No.459 of 2008 is allowed as prayed. The suit of the plaintiff stands dismissed as withdrawn along with the pending application with permission to file a fresh suit. Learned A.A.-G. claims cost. The plaintiff is directed to deposit the cost of Rs.10,000 with the Nazir of this Court who will appropriate the same in the account of High. Court Employees Benevolent Fund. M.H./S-102/K Application allowed.