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Results of withdrawal of suit

Showing : 11-20 of 41 Results

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 23, Rule 1, Himachal Pradesh Tenancy and Land Reforms Act, 1972 -- Withdrawal of suit as plaintiff desired to proceed under the Act of 1973 - Bar U.O.23.R.1 applies only to a fresh suit and not to proceedings under the Act of 1973 - Proceedings in a suit are essentially different from the proceedings under the Act of 1973 - Withdrawal of..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Question whether there has been an abandonment of claim by withdrawal of suit is a mixed question of law and fact - Language of order for withdrawal is not always determinative - Background facts necessarily have to be examined for a proper and just decision...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Suit can be withdrawn when Court is satisfied that suit must fail for reason of some formal defect or that there are other sufficient grounds for allowing plaintiff to institute a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...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

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 -..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Uttar Pradesh Consolidation of Holdings Act, 1953, Section 49 - - Fraud - Legal malice - Consolidation officer accepted statement of withdrawal of objection made on behalf of appellant without verifying correctness of same and without examining rights of parties with reference to documents in relation to suit property - No reasons given in impugned order why objection was..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit or abandonment of part of claim - It covers two types of claims (i) Where plaintiff withdraws a suit or part of a claim with permission of Court to bring in fresh suit on the same subject matter and (ii) Where the plaintiff withdraws a suit without the permission of the Court...........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Suit for possession based on tenancy - Relationship of landlord and tenant not established - Plaintiff allowed to withdraw the suit with permission to file a fresh suit for possession based on title to the property...........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of withdrawal application to withdraw the suit is maintainable...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Benefit of interim relief automatically gets withdrawn/neutralized on withdrawal of suit - In such a case concept of restitution becomes applicable...........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Suit cannot be withdrawn by a party after he acquires a privilege...........

Showing : 11-20 of 41 Results