A. XXIII, RX 1 and 2 O XXIII, R 1, Removal of the jurisdiction of the plaintiff under CPC, may be withdrawn from the case at any time without the prior permission of the court, but if he wishes to file a new case The case had to be filed. For withdrawal of application under AXCI, CPC2, on the basis of a formal defect. Or any other error, the purpose of R 2 of O XXIII, was that the CPC intended to prevent the plaintiff from filing a fresh case after failing to take the first case with care and diligence, when the plaintiff Even though he had the right to withdraw the case, he could not file a fresh case on the same subject without the court's permission.
Related judgments — Supreme Court Azad Kashmir, 2012
