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Withdrawal of Criminal Case by Prosecution

  PLJ 2022 Cr.C. (Note) 164 [Lahore High Court, Bahawalpur Bench] Present :  Muhammad Amjad Rafiq , J. Malik  MUHAMMAD EJAZ CHANNAR--Appellant versus STATE etc.--Respondents Crl. A. No. 161 of 2014, heard on 7.10.2021. Illegal Dispossession Act, 2005 (XI of 2005)-- ----S. 3--Compoundable--Accused may be acquitted on basis of compromise arrived at between parties.            [Para 3] A 2020 PCr.LJ (N) 20 Sindh. Compromise-- ---- A compromise in non-compoundable offence is considered only at mitigating circumstance for reduction in sentence.                                                               ...

Dismissal of Suit under Order 17 Rule 3 of CPC is Revisionable

When plaintiff fails to produce evidence in the court after given proper opportunity to be heard the suit of plaintiff is dismissed under order 17 rule 3 of Code of Civil Procedure 1908. This dismissal can be done by a court in the presence or absence of the plaintiff. When a suit is dismissed on the non production of evidence, it cannot be restored by the court dismissing it. There is no appeal against the dismissal of same order by the court. The only remedy against such dismissal order is revision which is filed in the appellate court. Revision is filed under section 115 of the Code of Civil Procedure. In revision to such dismissal the appellate court has powers to either dismiss the revision or accept the same. When revision petition is accepted the suit is restored and plaintiff is given opportunity to provide evidence in the court accordingly. If you have any query related to any suit you can contact internationallawyerinfo@gmail.com Regards, Salman Yousaf Khan (Golra) In...