Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Particulars in a suit as are required to be pleaded in terms of O.7.R.1 CPC, if are not correctly pleaded and for formal defect a suit may fail, then power is vested with Court to permit plaintiff to withdraw the suit...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit or abandonment of part of claim - Plaintiff has an unfettered/absolute right to withdraw/abandon part of their claim in plaint U.O.23.R.1 CPC without seeking any leave to file a fresh suit...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Partial abandonment of claim allowed without granting any leave to file a fresh suit - Merely because an issue of Court fees was framed that in itself would not be considered as a legal impediment in allowing said application - Application rightly allowed...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Compromise - When parties enter into a lawful compromise before a mediator, such settlement once reported and accepted by Court, carries binding force of a decree U.O.23 CPC...........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Application U.O.2.R.2 CPC and O.23.R.1(4) CPC - For invoking provisions, Court is required to arrive at a specific finding that cause of action in previous suit and suit before it was same - Unless there is similarity of cause of action in previously instituted/withdrawn suit..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 23, Rule 1 -- Restoration of suit dismissed as withdrawn - Application U.O.9.R.9 CPC is not maintainable for restoration of such suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Sufficient grounds - Careless framing of plaint without disclosing proper valuation, cause of action, other material facts such as lunacy of plaintiff's father and uncles comes within ambit of sufficient grounds for allowing plaintiff to institute a fresh suit regarding..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh one - Sufficient grounds - Plaintiff filed suit for permanent injunction and other consequential reliefs yet no prayer for confirmation of possession has been made - Since consequential relief of confirmation of possession has not been pleaded, suit itself is not maintainable in..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit without seeking liberty to file fresh suit - Plaintiff abandoned his prayer with respect to declaratory relief - Plaintiff cannot maintain present suit seeking same relief without seeking permission to file fresh one at the time of withdrawal of earlier suit abandoning his claim...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Main relief abandoned in the previously instituted suit without seeking permission to file fresh suit - Prayer in the subsequent suit stemming out from the relief earlier abandoned - Plaintiff cannot maintain subsequent suit for consequential relief...........
