Citation Name: 2025 PLD 351 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD ALIM SHAR vs SHAHNAWAZ O

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Citation Name: 2025 PLD 351 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD ALIM SHAR VS SHAHNAWAZ O.XXIII, R.1---Withdrawal of suit, permission for---'Conditional withdrawal' and 'un-conditional withdrawal', effect of---Duty of courts to examine nature of withdrawal sought by applying its judicial mind---Scope---The provisions of law codified through Sub-Rule (1) of R. 1 of O. XXIII, C.P.C. are substantive as well as procedural---These provisions recognize the absolute right of plaintiff to file and to withdraw his suit "at any time"---On exercise of this unqualified right, when a plaintiff requests the court to dismiss the suit as withdrawn, this provision of law casts a duty upon Court to satisfy that the withdrawal of suit should be conditional or unconditional and whether the plaintiff has exercised this right properly or improperly---On being satisfied the Court may pass an order granting permission to withdraw the suit---If the suit is dismissed as withdrawn unconditionally, the plaintiff would be precluded from bringing a fresh suit on the same cause and subject, and if withdrawal is conditional subject to filing a fresh suit, the plaintiff may bring a fresh suit subject to the law of limitation---The procedural law envisages that the plaintiff may withdraw his suit to his discretion but such withdrawal in any manner may not injure the rights of other parties, therefore, this withdrawal has been subjected to the satisfaction of the Court---Withdrawal of suit, conditional or unconditional, shall be followed by certain limitations imposed in itself by this provision of law (Order XXIII, C.P.C.)---This vested right of withdrawal of suit or part of claim is free from conditions, as codified in Rule 1 of O. XXIII, C.P.C. wherein the withdrawal of the suit or claim has been left purely at the discretion of plaintiff.

Citation Name: 2025 PLD 351 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD ALIM SHAR vs SHAHNAWAZ O — 2025 PLD 351 KARACHI-HIGH-COURT-SINDH

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