How to Draft an Application For Withdrawal of Suit As Not Pressed in Pakistan (2026 Guide)

Introduction

In civil litigation, a moment often arrives where the plaintiff or their counsel no longer wishes to continue pursuing a suit; sometimes a settlement is reached, sometimes the suit becomes infructuous, and sometimes the plaintiff realizes that their case has weakened over time. In such situations, the most common and simplest course of action available to an advocate is to file an Application for Withdrawal of Suit as Not Pressed before the court.

This topic may appear simple at first glance. Still, understanding its drafting, the correct stage of filing, and its legal consequences is essential for every advocate and law student because a poorly drafted application can permanently deprive a client of the right to file a fresh suit in the future. In this post, we will cover everything step by step: the legal provision, when to file it, where to file it, and how to file it. We will also provide a ready draft.

What Does “Suit Not Pressed” Actually Mean?

In Pakistan’s civil courts, when a plaintiff or their advocate makes a statement before the court, such as “we do not press this suit,” it means that they no longer wish to pursue the suit any further. Upon recording this statement, the court passes an order dismissing the suit as withdrawn or dismissing it as not pressed.

It is important to understand that “not pressed” and “withdrawal” are not two separate legal terms; practically, both fall under the same concept governed by Order XXIII Rule 1 CPC, and only the phrasing differs. When a plaintiff does not “press” their suit, the legal effect is essentially identical to withdrawal, which is why the application follows the same drafting approach as a withdrawal application.

Legal Provision Order XXIII Rule 1, CPC 1908

The most important provision governing the withdrawal of civil suits in Pakistan is Order XXIII Rule 1 of the Code of Civil Procedure, 1908, which remains applicable in Pakistan to this day. Its key points are as follows:

• Sub-Rule (1): At any time after the institution of a suit, the plaintiff may withdraw the suit or abandon part of their claim; no prior permission of the court is required for this. At any time after the institution of a suit, the plaintiff may, as against all or any of the defendants, withdraw his suit or abandon part of his claim.
• Sub-Rule (2) / (3): If the plaintiff wishes to file a fresh suit on the same cause of action after withdrawal, permission of the court is required. The court grants this permission only when it is satisfied that either (a) the original suit is bound to fail due to some formal defect, or (b) there exists a sufficient ground justifying the institution of a fresh suit.
• Sub-Rule (3) / (4): If the withdrawal is “unconditional” (meaning the plaintiff is not seeking liberty to file a fresh suit), the plaintiff may be made liable for court costs, and is also barred from filing a fresh suit on the same subject matter in the future.
• Provision Regarding Co-Plaintiffs: Where a suit has more than one plaintiff, the withdrawal by one plaintiff without the consent of the other co-plaintiffs may be problematic, especially where the cause of action is joint.

Courts have repeatedly clarified that this is an absolute right of the plaintiff to withdraw their suit, but if liberty to file a fresh suit is sought, sufficient grounds must be demonstrated. The object of this rule is to prevent a plaintiff from filing a fresh suit simply after having failed to conduct the first one with proper care and diligence.

At What Stage Should a Withdrawal Application Be Filed?

This is a very practical question: at what stage can the application be filed? The answer is simple: at any stage after the institution of the suit, whether that be:

1. Immediately after the suit is filed,
2. Before the trial begins,
3. During the recording of evidence,
4. At the stage of final arguments, or
5. Even at the appellate or revisional stage (if the matter is still pending).

Just keep in mind that if judgment and decree have already been passed, the withdrawal application no longer serves any purpose, since the suit has already concluded. In such a situation, the only remaining options are appeal or review. In essence, this application can only be filed during the pendency of the matter.

In practice, advocates move this application when:

• The client has settled,
• A formal defect is discovered in the drafting of the suit, making it preferable to file a fresh, properly drafted suit,
• The plaintiff realizes that the relief claimed was incorrect,
• The subject matter of the suit has become infructuous (for example, the property has been sold, or the dispute has otherwise been resolved).

Where Should the Application Be Filed?

The withdrawal application is filed in the same court where the suit is pending, whether that is a Civil Court, Senior Civil Judge Court, District Court, Banking Court, Rent Controller, Family Court, or the High Court (in its original or appellate jurisdiction). The application is moved under the same case file/suit number; no separate filing is required.

Procedure for Filing a Withdrawal as a Not-Pressed Application

The step-by-step procedure is as follows:

1. Drafting the Application: The advocate drafts the application under Order XXIII Rule 1 CPC, clearly stating the reason why the plaintiff no longer wishes to press the suit.
2. Attaching an Affidavit: An affidavit of the plaintiff is attached along with the application, verifying its contents.
3. Filing in Court: The application is filed within the specific suit file, attracting only a nominal court fee (as prescribed under the applicable court rules).
4. Notice to the Other Side (if necessary): In some cases, particularly where the defendant has a vested interest or a pending counter-claim, the court may issue notice to the defendant.
5. Court Hearing and Statement: On the hearing date, the plaintiff or their counsel makes a statement before the court, “we do not press this suit” or “we wish to withdraw this suit.”
6. Passing of the Order: The court allows the application and declares the suit “dismissed as withdrawn” or “dismissed as not pressed.” If permission for a fresh suit was sought and found justified, the court may grant that permission as well, sometimes along with costs.

Draft of Application for Withdrawal of Suit As Not Pressed

Below is a basic structure that advocates can adjust according to their own facts:

Format 1: Detailed Application

IN THE COURT OF ___________ SENIOR CIVIL JUDGE AT KARACHI DISTRICT _________
Civil Suit No. _____ of 20___

[Plaintiff's Name] ............................................ Plaintiff
VERSUS
[Defendant's Name] ........................................ Defendant

APPLICATION ON BEHALF OF THE PLAINTIFF UNDER ORDER XXIII RULE 1 
OF THE CODE OF CIVIL PROCEDURE, 1908, FOR WITHDRAWAL OF SUIT 
AS NOT PRESSED

Respectfully Submitted As Under:

1. That the Applicant/Plaintiff has filed the above-titled suit which 
   is presently pending adjudication before this Hon'ble Court.

2. That due to [settlement between the parties / change in 
   circumstances / the subject matter having become infructuous / 
   other relevant reason], the Applicant/Plaintiff does not wish to 
   press the instant suit any further.

3. That under Order XXIII Rule 1 of the Code of Civil Procedure, 1908, 
   the Applicant/Plaintiff is fully competent to withdraw/not press 
   the present suit at this stage of the proceedings.

4. That no prejudice shall be caused to the Defendant(s) by the 
   withdrawal of the instant suit as not pressed.

PRAYER:

It is, therefore, most respectfully prayed that this Hon'ble Court may 
graciously be pleased to allow the Applicant/Plaintiff to withdraw the 
instant suit as not pressed, and the same may kindly be dismissed 
accordingly, in the interest of justice.

Any other relief deemed fit and proper in the circumstances of the 
case may also kindly be granted.

                                              Applicant/Plaintiff
                                              Through Counsel
                                              ______________
                                              Advocate

Format 2: Short / Simple Application

IN THE COURT OF ___________ SENIOR CIVIL JUDGE AT KARACHI DISTRICT _________
Civil Suit No. _____ of 20___

[Plaintiff’s Name] …………………………………….. Plaintiff
VERSUS
[Defendant’s Name] …………………………………. Defendant

APPLICATION FOR WITHDRAWAL OF SUIT AS NOT PRESSED

It is respectfully prayed on behalf of the Plaintiff abovenamed that this Honorable Court kindly be pleased to allow the instant Application thereby permit the Plaintiff to withdraw the suit as not pressed for the reason is that the Brothers i.e. Plaintiff and Defendents had already settled their all disputes/differences and after seeking permission from this Honorable Court had already sold out the Suit Property with the consent of Parties, therefore, the Plaintiff do not want to proceed further.

Therefore, under the above circumstances and reasons, I prayed to allow Plaintiff to withdraw the Suit as not pressed.

Prayed accordingly;

KARACHI.

DATED:___________________

SIGNATURE OF ADVOCATE FOR PLAINTIFF

Which One Should You Use?

Format 1 is suitable when grounds need to be explained in detail or where a fresh suit will be filed. Format 2 works well for routine, uncontested withdrawals where no liberty to refile is sought.

A short affidavit is also attached along with it, in which the deponent (plaintiff) declares that the contents of the application are correct and that nothing has been concealed.

Legal Consequences of Withdrawal “As Not Pressed”

It is very important to understand if a suit is withdrawn/not pressed unconditionally (meaning no liberty to file a fresh suit was sought), then:

• The plaintiff cannot file a fresh suit on the same subject matter or cause of action in the future, unless specific permission has first been obtained from the court.
• The court may, in its discretion, award costs to the defendant, which the plaintiff is required to pay.
• Where there are multiple plaintiffs, the withdrawal by one plaintiff should not affect the rights of the remaining co-plaintiffs; their consent may be required for this purpose.

This is why advocates need to decide whether their client wants an unconditional withdrawal or a withdrawal with permission to file a fresh suit. The drafting and the prayer clause differ for each.

Practical Tips for Advocates and Law Students

• Always make it clear whether the application is unconditional or with liberty to file a fresh suit; this directly affects the client’s rights later on.
• If liberty to file a fresh suit is required, specifically mention the “formal defect” or “sufficient ground.” Courts tend to reject applications that use vague language.
• Where there are co-plaintiffs, it is good practice to attach their written consent or a no-objection certificate (NOC).
• Before filing the application, make sure to explain the implications of costs and the limitation period for a fresh suit to the client.

Frequently Asked Questions (FAQs)

Disclaimer:

This article is intended for general legal information and educational guidance only. The facts of every case differ, so it is essential to consult a qualified advocate before taking any action in your specific matter.