GHULAM SHABBIR versus FATEH BIBI
CPC Withdrawal and Adjustment of Suits OXXIII, Civil Procedure Code Order XXIII of R1, R1 Appeal After Application Exits, Appeal to Exclude Signature for Trial, During Appeal, Application The petitioner applied for permission to withdraw the case on the basis that the plaintiff had some formal defects, but the Appellate Court below rejected the request that no formal defects were disclosed in the said application when the appeal was heard. Appeal Court Appears for Appeal as Applicant C. The defective nature of the suit, on the basis of which the appeal was dismissed, was requested in the petition to withdraw the case with the permission to file a fresh suit which was fully accepted or rejected by the court and this It was not open to the court to refuse permission to file a fresh case, and also dismiss the case filed by the plaintiff on the basis of such application.
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