| Case ID |
381688c6-5418-4ff8-aadd-9ccc95be46d8 |
| Body |
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| Case Number |
C.R. No. 813 of 2021 |
| Decision Date |
Mar 17, 2023 |
| Hearing Date |
Mar 16, 2023 |
| Decision |
The Quetta High Court allowed the civil revision petition filed under Section 115 of the Civil Procedure Code, 1908, setting aside the impugned order and judgment of the Trial and Appellate Courts. The application made by the respondents for conditional withdrawal of the suit was rejected. The court found that the respondents had failed to demonstrate a formal defect or sufficient grounds for such withdrawal. The earlier decisions were deemed brief and non-speaking, lacking the necessary legal reasoning. Consequently, the suit is considered pending before the Trial Court, and both parties shall bear their own costs. |
| Summary |
In the case of C.R. No. 813 of 2021, the Quetta High Court addressed a civil revision petition concerning the conditional withdrawal of a suit filed under the Civil Procedure Code, 1908. The respondents sought permission to withdraw their suit, asserting a lack of material documents; however, the court found this insufficient. The ruling emphasized the necessity of demonstrating either a formal defect or sufficient grounds for withdrawal as outlined in Order XXIII Rule 1 of the Code. The court criticized the Trial Court's non-speaking orders and lack of judicious consideration, ultimately allowing the petitioners' challenge against the previous decisions. This case underscores the importance of clarity and substantiation in legal applications, particularly in civil procedure matters, and reaffirms the standards required for conditional withdrawal of suits. |
| Court |
Quetta High Court
|
| Entities Involved |
Not available
|
| Judges |
Gul Hassan Tareen, J.
|
| Lawyers |
Atta Muhammad Tareen,
Najeebullah Kakar,
Jamal Khan Lashari,
Abdul Tahir
|
| Petitioners |
2 others,
BISMILLAH
|
| Respondents |
NAIK MUHAMMAD (Late) through Legal Heirs and others
|
| Citations |
2024 SLD 4617,
2024 PLJ 130
|
| Other Citations |
2022 SCMR 1282,
2013 SCMR 464,
2022 CLC 1282,
2021 CLC 1001
|
| Laws Involved |
Civil Procedure Code, 1908
|
| Sections |
115(1)(a)(b)(c),
17,
1,
2
|