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Results of withdrawal of suit

Showing : 31-40 of 41 Results

SUPREME COURT OF INDIA

Year of decision: 2000
Details

Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit at second appellate stage - Suit for injunction restraining defendants from establishing and running flour mills and restraining them from disturbing plaintiff's exclusive user of pathway - Trial Court decreed suit - Appellate Court modified decree holding that plaintiff had no exclusive right over..........

SUPREME COURT OF INDIA

Year of decision: 2000
Details

Civil Procedure Code, 1908 -- 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 same cause of action...........

SUPREME COURT OF INDIA

Year of decision: 2000
Details

Civil Procedure Code, 1908 -- 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...........

SUPREME COURT OF INDIA

Year of decision: 2000
Details

Civil Procedure Code, 1908 -- Withdrawal of suit at second appellate stage - Suit for injunction restraining defendants from establishing and running flour mills and restraining them from disturbing plaintiff's exclusive user of pathway - Trial Court decreed suit - Appellate Court modified decree holding that plaintiff had no exclusive right over pathway and it was common..........

SUPREME COURT OF INDIA

Year of decision: 1999
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Cannot be allowed as a matter of course but has to be allowed rarely only when a strong case is made out - The rights which have come to be vested in parties to the suit under the decree cannot be taken away by withdrawal of suit at that stage unless very strong reasons are shown that..........

SUPREME COURT OF INDIA

Year of decision: 1999
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Transferee pendente lite - Impleaded as appellant in appeal - Plaintiff filing application to withdraw suit as not pressed - Held, transferee who has been impleaded as respondent in appeal has right to be heard...........

SUPREME COURT OF INDIA

Year of decision: 1999
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - If an appeal is filed by an unsuccessful plaintiff and the plaintiff appellant wants to withdraw not only the appeal but also the suit unconditionally, then such a permission so far as the withdrawal of the suit was concerned, can be granted if there was no question of any adjudication..........

SUPREME COURT OF INDIA

Year of decision: 1996
Details

Limitation Act, 1963, Section 14, Civil Procedure Code, 1908, Order 23, Rule 1 -- Fresh suit filed as earlier suit withdrawn with permission of Court to file fresh suit on the same cause of action - Time spent in earlier suit whether to be excluded - No material on record produced for which the earlier suit was allowed to be withdrawn - Even application for withdrawal not..........

SUPREME COURT OF INDIA

Year of decision: 1996
Details

Limitation Act, 1963, Section 14, Civil Procedure Code, 1908, Order 23, Rule 1 -- Fresh suit filed as earlier suit withdrawn with permission of Court to file fresh suit on the same cause of action - Time spent in earlier suit whether to be excluded - No material on record produced for which the earlier suit was allowed to be withdrawn - Even application for withdrawal not..........

SUPREME COURT OF INDIA

Year of decision: 1996
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit-Defendants praying for transposing as plaintiffs - Which application to be decided first? - As the limitation qua the defendants requesting for transposition had already run out as such application for withdrawal of suit be decided first...........

Showing : 31-40 of 41 Results