GHULAM SARWAR vs NASIR O — 2026 PLD 57 QUETTA-HIGH-COURT-BALOCHISTAN

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GHULAM SARWAR VS NASIR O.XXIII, Rr.1 & 2---Withdrawal of suit with permission to file afresh---Preconditions---Specifically pleading formal defects in the application, requirement of---Scope---Application filed for conditional withdrawal of suit was bereft of any content disclosing formal defect in the plaint---Consequences---Briefly, the respondents instituted a civil suit for declaration and permanent injunction in respect of suit land---During pendency of the suit, the respondents/plaintiffs moved an application under O.XXIII Rr.1 & 2, C.P.C. seeking withdrawal of the suit with permission to file a fresh one, which was allowed by the Trial Court---The petitioner challenged the said order through a civil revision petition, which was dismissed by the revisional Court---Aggrieved thereof, the petitioner invoked the constitutional jurisdiction of the High Court for determination of the issue as to "whether the Courts below rightly exercised jurisdiction under O.XXIII Rr.1 & 2, C.P.C., in permitting withdrawal of the suit with liberty to file a fresh suit?"---Held: Respondents/plaintiffs did not disclose in detail a formal defect or any other sufficient ground as required for conditional withdrawal of the suit---Respondents/plaintiffs ought to have mentioned justifiable grounds for conditional withdrawal of the suit---Specific requirements necessary for withdrawal and filing a fresh suit was lacking, because a formal defect was a defect which could be of technical nature and could be cured through fresh suit---Mere mentioning of general grounds were not enough to allow the parties to withdraw the suit conditionally and to institute a fresh suit---Concurrent findings of the courts below were set aside and the petition was allowed, in circumstances.

GHULAM SARWAR vs NASIR O — 2026 PLD 57 QUETTA-HIGH-COURT-BALOCHISTAN

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