SHARAF-UD-DIN vs ABDUL WADOOD O — 2022 CLC 1282 QUETTA-HIGH-COURT-BALOCHISTAN

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SHARAF-UD-DIN VS ABDUL WADOOD O.XXIII, Rr. 1 & 2---Withdrawal of suit with permission to institute fresh suit---Privilege---"Sufficient grounds"---Scope---Plaintiff had absolute privilege/prerogative to withdraw his suit and /or abandon his claim/part thereof against all/any of defendants at any stage of proceeding---Where Plaintiff had exercised such privilege, he would be precluded from instituting new suit on basis of same cause of action qua same subject matter against same defendant---Sub-rule (2) was exception to sub-rules (1) and (3) that plaintiff would be obliged to seek permission of Court if he wanted to file new suit after withdrawal of the first suit---Such permission of Court should not be granted as a matter of right/course/routine---Conscious of Court should be satisfied that if permission was not given, the suit would fail on account of any formal defect---Other sufficient grounds were also there for allowing withdrawal of suit with permission to institute fresh suit---No hard and fast criteria could be laid down in respect of "sufficient grounds"---Plaintiff must elucidate/explain to Court the reason(s) for such withdrawal justifying the permission of Court---Court was duty-bound to advert to reasons propounded by plaintiff and to pass speaking order assigning reasons for its conclusion meeting the objective requirement of rule of 'satisfaction'---Order must spell out the objectivity test of satisfaction, so that the same could be gauged/judged that request of plaintiff for withdrawal was not tainted with oblique/mala fide motive; was not meant to cause harm/prejudice to defendant and put him in disadvantageous position; not motivated to misuse the authority of Court and abuse the process of law. Head NotesCase Description

SHARAF-UD-DIN vs ABDUL WADOOD O — 2022 CLC 1282 QUETTA-HIGH-COURT-BALOCHISTAN

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