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Results of withdrawal of suit

Showing : 1-10 of 41 Results

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Agreement to sell -- Further agreement to sell by vendee in favour of subsequent vendee - Assignment of rights - Contingent contract - Further agreements are clearly contingent contracts inasmuch as they could only be enforced had vendee obtained right to get sale deed executed and taken possession of suit property as per terms of first agreement - More so, subsequent..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of assignee - Original plaintiff assigned his rights and interest in land in favour of assignee - Assignee thus, had a vital interest in the suit and had a right to continue suit - Issue whether original plaintiff had authorized respondent No.3 to sell land and..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendant as plaintiff - Withdrawal or abandoning of suit by plaintiff - A pro forma defendant, who has a substantial question to be decided against co-defendant, is entitled to seek his transposition as plaintiff for determination of such a question against said..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendant as plaintiff - Withdrawal or abandoning of suit by plaintiff - Transposition of defendant as plaintiff - Court can allow transposition for effectual and comprehensive adjudication of all the matters in controversy in the suit, only when defendant..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Order allowing withdrawal of suit - Order relates back to the date of filing application for withdrawal of suit...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Plaintiff has absolute right to withdraw his suit or abandon any part of his claim...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Order allowing withdrawal of suit without there being specific mention of the fact of granting liberty to plaintiff to file a fresh suit - Plaintiff in his statement clearly stated that he wants to withdraw the suit with liberty to file fresh suit - Statement of..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 23, Rule 1(1) -- Withdrawal of suit - A mere withdrawal of suit without seeking anything more can always be permitted - Defendant has no right to compel plaintiff to prosecute suit by opposing withdrawal of suit sought by plaintiff except to claim cost for filing a suit against him...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with permission to file fresh suit on the same subject matter - Defendant can object to such prayer made by plaintiff - In such event, it is for Court to decide as to whether permission to seek withdrawal of suit should be granted to plaintiff and if so on what terms...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 23, Rule 1(1) -- Withdrawal of suit - Plaintiff applied for withdrawal of suit U.O.23.R.1(1) CPC - Trial Court permitted such withdrawal subject to payment of cost of Rs.350 to defendant - Such order is in conformity with O.23.R.1(1) CPC - High Court committed error in interfering the judgment of Trial Court and reversing the same - High..........

Showing : 1-10 of 41 Results