SARDARAN BIBI vs REHMA O — 2022 YLR 1536 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 1536 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: SARDARAN BIBI vs REHMA O
Subject matter: Criminal

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

SARDARAN BIBI VS REHMA O. VII, R. 11 & O. XXIII, R. 1---Suit for declaration and permanent injunction--- Rejection of plaint---Institution of second suit during pendency of first suit---Petitioner filed second suit during pendency of first suit and then withdrew the first suit by making statement that he had filed another suit--- Respondents filed application for rejection of plaint on ground of maintainability---Plaint was rejected by Trial Court on ground that second suit was barred under O. XXIII, R. 1, C.P.C.---Appellate Court dismissed appeal---Validity---Bar of O. XXIII, R. 1, C.P.C. would apply to a suit instituted after withdrawal/abandonment of previous suit---Where a suit is already pending before the institution of fresh/ new suit and previous suit is withdrawn , the provision of O. XXIII, R. 1, C.P.C. would not be applicable---Said law referred to permission to withdraw a suit with liberty to institute a fresh suit after the first had been withdrawn---Order XXIII, R. 1, C.P.C. could not be read so as to bar a suit which had already been instituted before the other suit had been abandoned or dismissed---Courts below illegally passed the impugned order and judgment against the record and misapplication of law which are not sustainable and liable to be set-aside---Revision petition was allowed accordingly and the suit was held to be deemed pending before Trial Court.

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