Jammu and Kashmir Civil Procedure Code, 1977, Order 23, Rule (1)(3) -..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit on account of formal defect - Suit for possession - Defendant taking specific plea in written statement that suit is bad for non-joinder of co-owners as parties - Despite this objection, no action taken by plaintiff - Suit proceeded and matured for final verdict - Plaintiff sought withdrawal of suit,..........
Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Withdrawal of suit unconditionally without seeking permission to institute fresh suit on the same cause of action - Held, fresh suit on the same cause of action or even a part of it is barred...........
Civil Procedure Code, 1908, Order 1, Rule 8(4), Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit or appeal filed U.O.1.R.8 CPC in representative capacity - Such suit cannot be abandoned, withdrawn, settled or compromised unless Court gives notice to all the persons interested - Suit filed U.O.1.R.8 CPC cannot be dismissed in default and cannot be..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Application cannot be granted partially i.e. allowing withdrawal of suit but rejecting request for permission to file fresh suit on the same subject matter...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Permissible if Court is satisfied that (i) the suit must fail by reason of some formal defect or (b) there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject matter of the suit or part of the claim...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Grant of leave envisaged U.O.23.R.1(3) is at the discretion of the Court and that discretion is to be exercised by Court with caution and circumspection...........
Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Permission to withdraw suit - Second Appeal - Rights in property claimed on the basis of natural succession - Defendants claimed property on the basis of will - Suit dismissed - Second Appeal - Application by Plaintiff/Appellant to withdraw suit with a permission to file fresh on same cause of action raising the plea that..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- `Subject matter' - Where the cause of action and the relief claimed in the second suit are not the same as the cause of action and the relief claimed in the first suit, the second suit cannot be considered to have been brought in respect of the same subject matter as the first suit - Mere identity of some of the issues in..........
Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Compromise - Setting aside of - Appeal withdrawn on the basis of statement of parties - Application seeking recalling of the withdrawal order on the ground that compromise between parties not lawful - No written compromise created or presented before Court to record a compromise and pass a decree - Court simpliciter..........
