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MUHAMMAD YAR versus MUHAMMAD AMIN


AXXIII, R1 Constitution Pakistan, Article 185 (3) Withdrawal of Signatures with the Permit of Court With the approval of the civil suit before the court, the plaintiff / applicant filed a petition for withdrawal, the High Court Trial. The court, without giving any reason and in its order clearly stating whether the fresh case was allowed to be filed in this case, before the trial court of the High Court dismissed the case. With a request from the court before the plaintiff to file a writ petition. The writ petition filed by the plaintiff before the High Court High Court was dismissed on the ground that the CPC was attracted to the case under Rule I (XXIII, R 1 (1)). That when the trial court did not specifically deny. The permission to file a fresh case / writ petition before the High Court and the case was dismissed simply because of its withdrawal, then it must be assessed and allowed to file charges. The court was allowed to sue for the same reason for the proceedings, and the bar contained under the OXSIII, R1 (1), in its application before the CPC trial, in this case, Waldetti The plaintiff will not be attracted to, The court noted that it should be allowed to withdraw the case with the purpose of filing a writ petition before the High Court, however, when it was said that the petition was taken up by the trial court, the plaintiff's lawyer did not give any reason. But he did not put pressure on him and his lawyer simply stated that he would not like to pursue the case and would like to withdraw it by the plaintiff.

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