Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Formal defect - Expression "sufficient grounds" occurring in O.23.R.1(3)(b) cannot be restricted to defects of a formal character - Words are wide enough to take within its sweep other defects as well...........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit with liberty to file fresh suit - Bar to file fresh suit - Suit for permanent injunction - Previous suit for injunction dismissed on twin grounds that there is no threat qua interference in his possession or dispossession by forcible and illegal means and suit is bad for want of notice u/s 49 of SRA -..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit - Earlier suit filed by predecessor-i, interest of plaintiff withdrawn - Plaintiff who stepped into the shoes of his predecessor, could not maintain subsequent suit as his predecessor-i, interest herself was debarred from filing the suit in view of O.23.R.1(4) CPC...........
Hindu Marriage Act, 1955, Section 15, Civil Procedure Code, 1908, Order 23, Rule 1 -- Decree of divorce - Pendency of appeal - Second marriage - Application to withdraw appeal filed on 28.11.2011 and order of withdrawal passed on 20.12.2011 - Second marriage performed on 6.12.2011 i.e. after filing of application to withdraw appeal and before order of withdrawal was passed..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Order allowing withdrawal of suit - Order relates back to the date of filing application for withdrawal of suit...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Plaintiff has absolute right to withdraw his suit or abandon any part of his claim...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Appeal - Right to withdraw - O.23.R.1 CPC is applicable to appeals as well - Appellant has right to withdraw his appeal unconditionally and if he makes such an application to Court, it has to grant it...........
Civil Procedure Code, 1908, Section 80, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file afresh suit - Suit against Government - Non service of notice u/s 80 CPC - Amounts to formal defect - Suit can be withdrawn with liberty to file fresh suit...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of previous suit without seeking liberty to file a fresh suit - Bar to file fresh suit - Cause of action and relief claimed have to be construed together and if cause of action and relief claimed in the previous suit and subsequent suit are not same, then subsequent suit is not barred by O.23.R.1(3) CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a) -- Withdrawal of suit - Formal defect - Expression `formal defect' means a defect of form and not a defect on merits of case...........
