Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Where plaintiff wants to withdraw suit and institute a fresh suit on same subject matter, he has to seek and obtain permission from Court...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a) -- Withdrawal of suit - Formal defect - In order to constitute a ground for making an application for withdrawing from suit with liberty to file fresh suit on same subject matter, it is not sufficient to show that there is some formal defect in the suit but it is also necessary to show that suit would fail on account of..........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of suit - Sufficient ground - There is no requirement that `sufficient ground' pleaded by plaintiff from seeking permission to withdraw suit with liberty to institute fresh suit shall be analogous to a formal defect...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a) -- Withdrawal of suit - `Formal defect' is a defect of form prescribed by rules of procedure such as want of notice u/s 80 CPC, improper valuation of suit, insufficient Court fee, confusion regarding identification of suit property, misjoinder of parties, failure to disclose a cause of action etc...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a) -- Withdrawal of suit - At appellate stage - Plaintiff has no absolute right at appellate stage to withdraw from suit - Application made at appellate stage to withdraw suit cannot be allowed by Court if granting such permission would have effect of depriving or destroying or nullifying or annulling any right which has come..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Formal defect - Non-joinder or non-description of suit land is not a formal defect - Such defects can be cured by filing an application for impleadment of parties or by way of amendment of plaint - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise - Challenge as to - Compromise forming basis of decree can only be questioned before same Court that recorded compromise and a fresh suit for setting aside compromise decree is expressly barred U.O.23.R.3-A CPC - Writ petition challenging compromise decree not maintainable...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise during pendency of appeal - Issue which is subject matter of appeal amicably settled between parties - Compromise deed entered into in between parties, appended with application - Appeal disposed of in terms of compromise...........
Legal Services Authorities Act, 1987, Section 20, Civil Procedure Code, 1908, Order 23, Rule 1 -- Lok Adalat - Withdrawal of suit - Lok Adalat has no authority to exercise power U.O.23.R.1 CPC - Lok Adalat on taking cognizance in any matter, referred to it from a Court, can act only in accordance with S.20 sub-sections 4, 5 & 6 of the Act and Lok Adalat cannot allow..........
Civil Procedure Code, 1908, Order 23, Rule 1, 4, Legal Services Authorities Act, 1987, Section 20 -- Lok Adalat - Withdrawal of suit - Lok Adalat has no authority to exercise power U.O.23.R.1 CPC - Order passed by Lok Adalat in allowing withdrawal of suit is nullity and is no order in the eyes of law - By allowing withdrawal of suit by Lok Adalat, it cannot be said that..........
