MUHAMMAD MALOOK DHAREJO vs Mst — 2025 PLD 25 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD MALOOK DHAREJO VS Mst. MEHNAZ GUL alias ARBAB KHATOON O. XXIII, R. 1---Conditional withdrawal of suit---Scope---Petitioners/ plaintiffs filed a suit for declaration etc.---When the case was posted for recording evidence due to one excuse or the other the evidence could not be recorded---After about two years plaintiffs filed a statement seeking withdrawal of the suit subject to condition of filing of fresh suit on account of technical defects in the pending suit---However, Civil Court declined permission to the plaintiffs to file fresh suit but allowed the withdrawal and disposed of the suit---Revision filed thereagainst by the petitioners/plaintiffs was also dismissed---Validity---Petitioners/plaintiffs, had sought conditional withdrawal of the suit subject to filing a fresh suit---Court was required to either allow the petitioners to withdraw the suit and accept the condition, or if the Court was not satisfied with the condition, it was required to dismiss the application and proceed with the matter---Trial Court had no jurisdiction to allow the withdrawal of suit but at the same time decline permission to the petitioners to file a fresh suit--- The way the Civil Court exercised jurisdiction was paradoxical/self-conflicting---Petitioners had sought withdrawal of the suit but only upon acceptance of the condition--- If the Court was not satisfied with the condition, it had no jurisdiction to dispose of the suit as withdrawn--- Moreover, the reasoning in support of findings of the Courts below were not satisfactory---High Court set-aside the orders passed by both the Courts below and remanded the case to the Civil Court with directions to either allow the statement of the withdrawal filed by the plaintiffs in toto as sought or proceed with the matter in accordance with law, however, if petitioners wished to add any new ground for seeking withdrawal of the suit, they would be permitted to do so and their additional grounds would also be considered and decided in accordance with law---Constitutional petition was disposed of accordingly.

MUHAMMAD MALOOK DHAREJO vs Mst — 2025 PLD 25 KARACHI-HIGH-COURT-SINDH

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