Showing : 1-10 of 15 Results

JAMMU AND KASHMIR HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Oral compromise - Suit dismissed as withdrawn - Recall of order - Plaintiff was persuaded to withdraw their suit on being induced by sheer misrepresentation which was not intended to be acted upon by defendant - Plaintiff believed the defendant and abandoned his suit - For making false..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit - Liberty to file afresh suit - Partition suit - One of property left out - Left out property came to knowledge of plaintiff after filing of suit - Suit for partial partition will fail - Liberty granted to institute fresh suit on same cause of action...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit - Permissibility - In order to succeed in an application filed for withdrawal of suit with liberty to file afresh suit, plaintiff has to satisfy at least one of two requirements mentioned in O.23.R.1(3) CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file fresh on same cause of action - Permissibility - Plaintiffs have taken very vague and general plea regarding false documents without specifying the documents - Alleged false documents including ex parte decrees were traced at the time of filing of affidavit..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Can be granted only if one of the two conditions exist viz. that the suit may not fail by reason of some formal defect or that there are sufficient grounds for allowing the plaintiff to institute a fresh suit on the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 23, Rule 1(5)-- Withdrawal of suit - Several plaintiffs - Suit cannot be allowed to be withdrawn by one plaintiff without the consent of other plaintiffs...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1(5)-- Withdrawal of suit - Several plaintiffs - One of the plaintiffs not consenting party to the compromise - Plea that when counsel representing the plaintiffs signs underneath the statement made before the Court, then his statement is binding upon the non consenting plaintiff - Held, in view of the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit - Defects due to plaintiff's own fault - Defects pointed out in written statement - Plaintiff aware of the same yet he tried to avoid it - If defects are due to plaintiff's own fault, plaintiff cannot be permitted to withdraw suit with liberty to file a fresh one on the same..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit - If more than one plaintiff - If one plaintiff withdraws or abandons his claim - Such withdrawal is not legal in the absence of the consent of the other co-plaintiff...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit - Two plaintiffs - Statement of one plaintiff and Counsel representing both the plaintiffs recorded for withdrawal of suit - Any statement made by attorney is binding on the parties - Therefore, it can be said that both the plaintiffs withdrew the suit...........

Showing : 1-10 of 15 Results