Showing : 61-70 of 146 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Constitution of India, 1950, Article 226-- Writ jurisdiction - Alternative remedy - Transfer - Once the petitioner was not able to get an interim order of transfer, she had chosen to withdraw the suit to file the writ petition - The petitioner has no valid justification to withdraw the suit and then file writ petition having exercised his..........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdraw/abandon a part of the claim - Suit for specific performance - Alternative prayer for refund of payment made and for recovery of damages - Issue as to pecuniary jurisdiction of Court raised - Application filed U.O.23.R.1 CPC to withdraw/abandon the relief of damages - As long as Court is..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit at the stage of second appeal - Plaintiff lost in both the Courts below - Plaintiff filed suit for permanent injunction to restrain defendant from interfering in his possession, and for mandatory injunction directing defendant to open access to suit land from adjoining..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Withdrawal of suit - Three types of situations of O.23.R.3 CPC are : (i) Plaintiff, after filing of suit can abandon his entirety or part of claim against all or any of the defendants (ii) Plaintiff when minor or a legally disabled person, neither the entire suit nor any part of the claim can be..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Withdrawal of suit - At appellate stage - Appellate Court can allow a plaintiff to withdraw suit if it was dismissed purely on a formal defect and not when suit was dismissed on merits...........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Withdrawal of suit with liberty to file fresh suit - Defendant raised construction and changed the nature of suit property - Relief sought not adequate relief under the changed subsequent developments - Plaintiff having a fresh cause of action on account of changed developments and circumstances -..........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Suit for specific performance - Permission sought to withdraw suit for filing a fresh suit including new cause of action of breach of agreement for resale of another land to him - No reason assigned by trial Court in refusing to allow withdrawal of suit - Impugned order set aside...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 23, Rule 1(1)-- Compromise - Withdrawal of suit - If a suit is to be decreed or dismissed on the basis of a compromise, even permission to withdraw the suit pursuant thereto, O.23.R.1 may not have any application - Even in such a case, a permission to withdraw the suit could have been given only with notice to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit - Suit for perpetual injunction - Permission sought to withdraw suit and to file a fresh suit for declaration and possession - Even without seeking leave of appeal a fresh suit for declaration and possession can be filed as nature of relief and cause of action in the two..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 23, Rule 1, 1(5)-- Withdrawal of suit by one of the several plaintiffs - Court has no power to permit one of the several plaintiffs to withdraw the suit or a part of his claim without the consent of other plaintiffs...........

Showing : 61-70 of 146 Results