ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Civil Revision No.S- 70 of 2017

 

DATE                         ORDER WITH SIGNATURE OF HON’BLE JUDGE

1.    For Katcha Peshi.

2.    For hearing of CMA.No.648/2017

 

28th August, 2017

Ms. Farzana Bhatti, applicant in person.

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            The applicant filed a suit against the present respondents for declaration, accounts and permanent injunction which was withdrawn by her without seeking permission to file a fresh suit. Thereafter, she filed a second suit against the present respondents the plaint whereof was rejected on the ground that the same was barred under the law as it was filed without seeking permission to file a fresh suit. The appeal filed by her against rejection of her plaint was dismissed which order of dismissal has been impugned through this revision application.

           

            The order dated 15.2.2016 passed by the learned trial court in Civil Suit No.08/2015 has been placed on record by the applicant which was passed on the statement filed by her seeking withdrawal of the said suit. The said statement shows that at the time of withdrawal of the suit she did not seek permission of the trial court to file a fresh suit, and in view of her above statement her suit was dismissed as withdrawn. Sub-Rule (2) of Order XXIII CPC provides that where there are sufficient grounds for allowing the plaintiff to institute a fresh suit in respect of the subject matter of the suit, permission may be granted to him to withdraw from such suit with liberty to institute a fresh suit in respect of the subject matter of such suit. Sub-Rule (3) of Rule 1 ibid specifically provides that where the plaintiff withdraws from a suit without seeking permission contemplated in Sub-Rule (2) ibid, he shall be precluded from instituting any fresh suit in respect of such subject matter.

 

            As the applicant admittedly did not seek permission to file a fresh suit and no such permission was granted to her at the time of withdrawal of her earlier suit, her subsequent suit was barred under Sub-Rule (3) ibid. The impugned orders passed by the learned courts below, therefore, do not call for any interference by this Court. Resultantly this civil revision application and listed application are dismissed with no order as to costs.

 

JUDGE

A.R.BROHI