Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Permission granted to withdraw suit and to file fresh suit for relief of injunction only as present suit was filed for permanent injunction only - Held, trial Court has either to allow application as prayed for or to dismiss the same if it was not convinced on merits about..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Settlement - When parties settle there disputes by signing agreement detailing the procedure to be followed to work out such settlement, certainly, that agreement is having all characteristics of compromise in terms of O.23.R.3 CPC and no party can withdraw from it unilaterally - When it reaches Court, Court will have to act..........
Civil Procedure Code, 1908, Section 89, Order 23, Rule 3 -- Mediation - Settlement - Mediator cannot forward any agreement to Court as to what course of procedure to be followed by Court for passing decree...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Suit can be withdrawn when Court is satisfied that suit must fail for reason of some formal defect or that there are other sufficient grounds for allowing plaintiff to institute a fresh suit - Power to allow withdrawal of suit is discretionary...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Formal defect - Defect in survey no. of suit property - Goes to very core of subject matter of suit - Entire proceedings would be fruitless if decree holder is not able to get the decree executed successfully - Said defect thus, constitute "formal defect" within the meaning of O.23.R.1(3)(a) CPC -..........
Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Order 23, Rule 1 -- Writ petition - Unconditional withdrawal of earlier writ petition - Will bar second petition on same cause of action not in terms of O.23.R.1 CPC but in terms of public policy of not permitting litigants to come to Court time and again on basis of same cause of action...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with permission to file fresh suit on the same cause of action - When a suit is likely to fail on account of a formal defect or there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject matter of the suit, Court may grant permission to withdraw such suit with liberty..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Without permission of Court - Plaintiff is precluded from instituting a fresh suit in respect of such subject matter...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Scope - Provision of O.23.R.1 applies only when cause of action and relief claimed in the second suit are the same as in the first suit - Mere identity of some issues in the suits does not bring about an identity of the subject matter in the two suits...........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 4 -- Withdrawal of suit - Sole defendant - Suit filed against a dead person - Suit is a nullity - Substitution of his L.R's cannot be permitted - Trial Court by exercising its power allowed the withdrawal of suit as it was inhibited with `formal defect' - Held, order cannot be faulted..........
