1920/2010 Suit MUHAMMAD ANWAR & ORS (Plaintiff) V/S BADRUDDIN & ORS (Defendant)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 14-DEC-14
The permission to file a fresh suit need not be expressed but may be implied from the circumstances under which the order was passed. In absence of express order by the Court granting permission to file fresh proceedings while allowing withdrawal of suit it could be a natural outcome and necessarily follow that such permission has been granted by the Court as in case the Court does not wish to grant the conditional application for permission, it can dismiss the application and direct the plaintiff to proceed with the suit and if he fails to do so the Court can dismiss the suit for non-prosecution. Since an express application has been filed the Court could not allow the suit to be withdrawn and at the same time refuses liberty to agitate grievance in subsequent proceedings.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
let us know.