19/01/2026
Order XXIII Rule 1, CPC — Withdrawal of Suit & Bar on Subsequent Proceedings
In Civil Revision No. 80-P of 2017, the Peshawar High Court, vide order dated 07.10.2025, passed an order in a civil matter concerning withdrawal of suit. The said order was assailed before the Hon’ble Supreme Court of Pakistan through C.P.L.A. No. 5071 of 2025 (Sohail Islam & another v. Saadullah Khan & others)
The C.P.L.A. was decided on 05.01.2026 by Hon'ble Mr. Justice Shahid Bilal Hassan, wherein the Hon’ble Court examined the legal consequences of withdrawal of an earlier suit without seeking permission to institute a fresh one under Order XXIII Rule 1, CPC.
The Court reaffirmed the settled principle that where a suit is withdrawn simpliciter, without leave of the Court, a subsequent suit on the same cause of action is barred. A withdrawal allegedly founded upon a private arrangement, which neither receives judicial recognition nor forms part of the Court’s order, does not alter the legal character of such withdrawal.
It was further observed that failure to challenge the withdrawal order operates as an estoppel against re-agitating the same cause of action, and that a subsequent suit would also be hit by the bar of limitation.
📌 Disclaimer: This post represents a brief legal summary of the principles emerging from the judgment. It is not a verbatim reproduction of the judgment or any author’s proprietary commentary.
