MUHAMMAD WAQAR AZEEM vs Dr — 2024 CLC 1941 ISLAMABAD

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

MUHAMMAD WAQAR AZEEM VS Dr. KARTAR LAL PIRWANI O. XXIII, R. 1(3)---Withdrawal of suit simpliciter---Scope---Fresh/second suit, filing of---Maintainability----Second suit filed by the appellant/plaintiff was not entertained by the Trial Court---Validity---Relevant Civil Court's order whereby the earlier suit was withdrawn showed that counsel of the plaintiff/appellant had recorded a statement to the effect that the suit was being withdrawn due to a compromise arrived at between the parties---Neither were the terms of the compromise brought on record nor was the suit decided in terms of any compromise---However, plaintiff instituted a second suit for specific performance of the agreements against the vendor---Though there was reference to a compromise in (plaint of) second suit, on the basis of which the earlier suit was withdrawn but there was no mention as to the terms of the compromise---In relevant paragraph of plaint the said suit, there was a bald assertion that Defendant/vendor had violated the terms of the compromise---Therefore, the withdrawal of the first suit instituted by plaintiff/appellant would be treated as a withdrawal simpliciter having the consequences envisaged by O.XXIII, R.1(3) of the Civil Procedure Code, 1908, as said Rule, inter alia, mandates that where a plaintiff withdraws from a suit without the permission of the Court to file a fresh suit on the same subject matter, he shall be precluded from instituting any fresh suit in respect of such subject matter---Plaint in the second suit for specific performance instituted by plaintiff/appellant was rightly rejected by the Civil Court because O.XXIII, R.1(3), C.P.C., precluded him from instituting the suit on the same subject matter as the earlier suit instituted by him---Said (withdrawal) order was accepted by the plaintiff himself as he never challenged the same before a higher forum---Appeal was dismissed, in circumstances.

MUHAMMAD WAQAR AZEEM vs Dr — 2024 CLC 1941 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2024 CLC