LawMirror.com

Results of withdrawal of suit

Showing : 21-30 of 41 Results

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 the respondents who had..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Filing of second suit before filing application of withdrawal of first suit - O.23.R.1 CPC is not applicable...........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Challenge to execution of sale deed - Original suit for declaration of title and injunction - Said suit was withdrawn - No liberty to file fresh suit granted - Order allowing withdrawal cannot constitute a decree - It cannot debar the defendant from taking the defence in the second round of litigations..........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Civil Procedure Code, 1908, Section 2(2), Order 23, Rule 1 -- Withdrawal of suit without liberty to file a fresh suit - Does not constitute a decree - It does not preclude the defendant in second round of litigation raising the plea that sale deed was not true and valid...........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Recall of order - Plea that application of withdrawal was based on forged signatures obtained by defendant - Averment that on day of withdrawal her advocate was changed and replaced by advocate of defendant and that suit was mentioned for purpose of withdrawal on day when was not even listed for said..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit - Recall of order allowing withdrawal of suit - Liberty to file a fresh suit on the same cause of action, not granted as it was not prayed - Court is not divested of its power to recall its order - In absence of a specific provision in the Code in this respect Court can recall order allowing..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Suit withdrawn without leave to file fresh suit - Restoration of - Suit for specific performance of agreement to sell - Withdrawn - No leave prayed to file fresh suit on same cause of action - Application for recalling order of withdrawal of suit on ground of misrepresentation by defendant - High Court in..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Recalling of order permitting withdrawal of suit - No specific provision under Code of Civil Procedure for filing such application - Inherent powers u/s 151 can be exercised in the interest of justice...........

SUPREME COURT OF INDIA

Year of decision: 2000
Details

Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - At appellate/Second appellate stage - The appellate/second appellate Court should apply its mind to the case with a view to ensure strict compliance with the conditions prescribed in O.23.R.1(3) CPC for exercise of the discretionary power in permitting the suit with leave to file a fresh suit on the..........

SUPREME COURT OF INDIA

Year of decision: 2000
Details

Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with permission to file fresh suit on the same cause of action - Court is to discharge the duty by taking into consideration all relevant aspects of the matter including the desirability of permitting the party to start a fresh round of litigation on the same cause of action...........

Showing : 21-30 of 41 Results