Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Order allowing application partly to the extent of permitting the plaintiff to withdraw the suit and refusing to grant liberty to file a fresh suit - Is erroneous and cannot be sustained, as Court ought to have dismissed the application in toto...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Order allowing application U.O.23.R.1(3) CPC - Does not amount to an order passed on merits, as permission to withdraw a suit decides no matter in controversy and does not confer any right on a party on the basis thereof and would not in any way prejudice the defence to set up by defendants in another..........
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, 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 -..........
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 9, Rule 8 -- Dismissal of suit for no, prosecution - Plaintiff being a old man and not keeping well and also has to look after her daughter and as such could not depose into the matter and sought time on that count - However, advocate of plaintiff sought time to withdraw his appearance - Evidence of plaintiff was accordingly closed and..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of six and half months in filling appeal - Petitioner was tenant in premises and petitioner was in arrears of rent which were not paid during pendency of rent petition - Suit for recovery against petitioner was decreed and petitioner has preferred appeal against eviction order - Appellate Authority has stayed..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with permission to file fresh suit - Court can allow plaintiff to withdraw suit, when such suit is likely to fail by reason of some formal defect and continuous of trial, would be a farcical exercise...........
Civil Procedure Code, 1908, Section 24(5), 151 -- Transfer or withdrawal of suit or appeal - Instead of waiting for the process of returning the plaint or appeal for representing it before the appropriate court, the superior court can withdraw or transfer such suits or proceedings - This power to transfer includes the power to transfer appeals as well...........
