Civil Procedure Code, 1908, Order 23, Rule 1 -- Permission to withdraw suit whether must be obtained before institution of fresh suit - No - Held it is not really material whether the permission is granted before or after the institution of fresh suit...........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 1 -- Permission to withdraw suit with liberty to bring fresh suit whether can be withheld on the ground that the other party would not be able to rely on S.11 or because some right already recognized in the suit is likely to be undermined - No...........
