MOHAMMAD IQBAL vs MOHAMMAD HUSSAIN S — 2021 CLC 1282 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 CLC 1282 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: CLC
Parties: MOHAMMAD IQBAL vs MOHAMMAD HUSSAIN S
Subject matter: Civil
Provisions referred to: S. 12; Civil Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MOHAMMAD IQBAL VS MOHAMMAD HUSSAIN S.12(2) & O.XXIII R.1---Withdrawal of previous suit unconditionally through counsel---Scope---Contention of the petitioner/plaintiff was that the previous suit was withdrawn by his counsel without his permission/authority and such withdrawal of the suit by his counsel was based on fraud and result of misrepresentation---Held, that the petitioner/plaintiff was at liberty to file an application under S.12(2), Civil Procedure Code, 1908 before the Civil Court to challenge the withdrawal of the said previous suit---No illegality or irregularity was found in the impugned order passed by the Appellate Court, rejecting the plaint of second suit filed by the plaintiff ---Constitutional petition was dismissed, in circumstances.

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