NAJJAT HUSSAIN versus ALLAH DITTA
Appeals to Civil Procedure Code Order I CPC Parties to suit OI, R 8 and OXXIII, R 1 Constitution of Pakistan (1973), Article 185 (3) Appeal Plaintiff's Representative's Case, First Appeal After One of the Plaintiffs The same action was pending, and permission was granted to withdraw the suit freely to bring fresh suit on the same purpose. The High Court allowed the suit to be withdrawn, other defendants also did not know how to retract the claim and were placed before the High Court to settle the matter. As the plaintiffs knew that the appeal was dismissed, the appeal for restoration of the appeal was filed before it was dismissed. The appeal was dealt with in 1964. No attempt was made to restore The High Court found that the plaintiff was allowed to file a fresh suit, the proper way was to establish such a case and the alleged settlement was effected. Was not open to challenge on a legal basis If the plaintiffs / applicants were to execute an agreement through the court, then they were sufficiently delayed by setting up a case and filing an agreement. Prayer for restoration of appeal of High Court order dismissed for appeal to be legal, fair and proper, leave of appeal denied
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