Mst. Safia Khanum vs Additional District Judge-II, East, Islamabad O — 2026 MLD 856 ISLAMABAD

Case information

Citation: 2026 MLD 856 ISLAMABAD
Court: Islamabad High Court
Year: 2026
Reporter: MLD
Parties: Mst. Safia Khanum vs Additional District Judge-II, East, Islamabad 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

Mst. Safia Khanum VS Additional District Judge-II, East, Islamabad O.XXIII, R.1---Withdrawal of suit with permission to file a fresh suit---Grounds for allowing the plaintiff to institute fresh suit --- Scope --- Duty of court to pass formal order stated --- There are certain conditions for withdrawal of the suit --- First is that, if the Court is satisfied that a suit must fail by reason of some formal defect and second is that, there are other sufficient grounds for allowing plaintiff to institute a fresh suit for the subject-matter of a suit or apart of a claim --- It may, on such terms as it thinks fit, grant permission to withdraw from such suit or abandon such part of aclaim with liberty to institute a fresh suit in respect of the subject-matter of such suit or such part of claim --- Without passing of formal order for permission to file fresh suit by the learned 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 mere mentioning in the petition filed for withdrawal of suit---Court is required to pass specific order granting permission to the plaintiff for filing the fresh suit.

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