SOHAIL ISLAM vs SAADULLAH KHAN — 2026 SCMR 757 SUPREME-COURT

Case information

Citation: 2026 SCMR 757 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: SOHAIL ISLAM vs SAADULLAH KHAN
Subject matter: Civil
Provisions referred to: S. 14---C; Limitation Act (IX of 1908); Limitation Act

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

SOHAIL ISLAM VS SAADULLAH KHAN. O.XXIII, R.1---Limitation Act (IX of 1908), S.14---Civil suit challenging registered lease deed---Suit withdrawn "as withdrawn" simpliciter---No liberty/permission sought or granted to institute fresh suit---Effect. Petitioners had earlier filed civil suit seeking declaration, perpetual injunction and alternative possession regarding shop in question and challenging registered lease deed. Earlier suit was withdrawn without permission to file fresh suit on same cause of action. Held: Application seeking withdrawal was completely silent regarding any condition, reservation or liberty to institute fresh suit. Withdrawal based upon private arrangement which neither received judicial recognition nor reflected in order of Court could not be treated otherwise than withdrawal simpliciter. Such unconditional withdrawal attracted bar contained in Order XXIII Rule 1(3), C.P.C., and precluded institution of subsequent suit regarding same subject matter. Petitioners failed to establish basis for benefit of Section 14 of Limitation Act, 1908. Subsequent suit was barred by law and limitation. Leave was refused and petition dismissed.

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