Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of second appeal with liberty to file fresh suit - Suit for permanent injunction - Technical defect in suit not mentioning proper details of encroachment - Defendant not having serious objection to application - Plaintiffs permitted to withdraw appeal with liberty to file fresh suit in accordance with law...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Suit of plaintiff dismissed U.O.17.R.3 CPC - Appeal against same also dismissed - Withdrawal of suit sought at the stage of second appeal - Prejudice will certainly be caused to defendants as in the filing of fresh suit, they would be deprived of their plea of res judicata and valuable..........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a) -- Withdrawal of suit - There was formal defect on basis whereof suit filed by plaintiff to assail sale deed was dismissed by trial court and findings of trial Court were affirmed in appeal - Withdrawal of suit at appellate stage after 16 years of filing of suit - Respondent can well be compensated with cost for failure of..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of interim injunction order - Where a party is accused of flouting or disobeying interim orders and proceedings have initiated during pendency of suit/appeal, as the case may be, subsequent dismissal of application, suit, appeal or even withdrawal of same would have no consequence in so far as disobedience is..........
Civil Procedure Code, 1908, Section 24(5), 151 -- Transfer or withdrawal of suit or appeal - Instead of waiting for the process of returning the plaint or appeal for representing it before the appropriate court, the superior court can withdraw or transfer such suits or proceedings - This power to transfer includes the power to transfer appeals as well...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of appeal - Bar of subsequent suit - Earlier suit for injunction was dismissed and appeal against the same dismissed as withdrawn - Subsequent suit for recovery of possession in respect of very same subject matter is not maintainable as appeal was withdrawn, when there were findings against plaintiff regarding his..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of notice of motion - Grant of - Challenge as to - Suit for administration of estate of deceased - Appellant being highest bidder, sale process had already been confirmed and execution of document was directed in his favour - Since, vested right had been created in favour of appellant/bidder - Defendants could not..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Partition suit - Plaintiff and defendant are party of equal status - Plaintiff has no absolute right to withdraw suit even though suit has not reached stage of decision - Appeal is continuation of suit and so withdrawal of appeal is also not an absolute right of plaintiff - Moreover, when withdrawal would..........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of Appeal - When an application is made to withdraw appeal with liberty to file a fresh suit, dismissal of appeal as withdrawn while declining permission to file fresh suit is not legal - Application be either allowed in toto or dismissed in toto by a reasoned order after hearing both sides...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Appeal is continuation of suit - Appellate Court is competent to grant permission to withdraw suit...........
