SOHAIL MAJEED BHATTI vs MUHAMMAD ASHRAF (Late) O — 2023 CLC 1357 ISLAMABAD

Case information

Citation: 2023 CLC 1357 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: CLC
Parties: SOHAIL MAJEED BHATTI vs MUHAMMAD ASHRAF (Late) 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

SOHAIL MAJEED BHATTI VS MUHAMMAD ASHRAF (Late) O. XXIII, R. 1---Withdrawal of suit or abandonment of part of claim---Scope---There are certain conditions for withdrawal of the suit---First, if the Court is satisfied that a suit must fail by reason of some formal defect; second if, there are other sufficient grounds for allowing plaintiff to institute a fresh suit for the subject matter of a suit or a part of a claim---Court may, on such terms as it thinks fit, grant the plaintiff permission to withdraw from such suit or abandon such part of a claim with liberty to institute a fresh suit in respect of the subject matter of such suit or such part of claim---Without passing formal order for permission to file fresh suit by the Trial Court in terms of O.XXIII, R.1(2)(b), C.P.C., it cannot be presumed mechanically that permission to file fresh suit has been granted by merely mentioning in the petition filed for withdrawal of suit---Trial Court is required to pass specific order granting permission to the plaintiff for filing the fresh suit after being satisfied in terms of O.XXIII, C.P.C.---If suit is withdrawn without the permission referred to in sub-rule (2) of R.1 of O.XXIII, C.P.C., the plaintiff shall be liable for such costs as a Court may award and shall be precluded from instituting any fresh suit. Citation Name: 2023 CLC 1357 ISLAMABADBookmark this Case SOHAIL MAJEED BHATTI VS MUHAMMAD ASHRAF (Late) Ss. 12 & 22---Suit for specific performance of agreement to sell---Agreement not enforceable---Scope---Execution of sale agreement on the basis of expected allotment of plot is void.

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