Referring to Order XXIII Rule 1(3) C.P.C has been pleased to observe as under:

The Hon’ble Supreme Court of Pakistan in case titled as MUHAMMAD YAR (DECEASED) through L.Rs and others versus MUHAMMAD AMIN (DECEASED) through L.Rs. and others (2013 SCMR 464) after referring to Order XXIII Rule 1(3) C.P.C has been pleased to observe as under:- 

“From the clear language of the above, it is vivid and manifest that the noted rule mainly comprises of two parts; sub-rule (1) entitles the plaintiff of a case to withdraw his suit and/or abandon his claim or a part thereof, against all or any one of the defendants, at any stage of the proceeding and this is his absolute privilege and prerogative (Note: except in certain cases where a decree has been passed by the Court such as in the cases pertaining to the partition of the immovable property etc.). And where the plaintiff has exercised his noted privilege he shall be precluded from instituting a fresh suit on the basis of the same cause of action qua the same subject matter and against the same defendant (s) and this bar is absolute and conclusive, which is so visible from the mandate of sub-rule (3)”

Part of Judgment 

IN THE LAHORE HIGH COURT, MULTAN BENCH MULTAN JUDICIAL DEPARTMENT
Civil Revision-Civil Revision (Against Interim Order)
683-16

2017 LHC 1004