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, 3 -- Settlement - Parties willing to negotiate - Unless all the parties are involved, negotiable itself is illegal and cannot result into valid and effective settlement...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Right to sue for reliefs which was lost by not seeking and obtaining leave of Court at the time of filing of former suit, cannot be restored or revived by simply withdrawing the earlier suit filed for some of reliefs alone or part of claim alone by getting a permission U.O.23.R.1(3)...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of suit with liberty to file fresh suit on same cause of action - Permissibility - Where there is material concealment of facts which were in the knowledge of plaintiff and after defendant exposes the same in written statement and counter claim, plaintiff cannot set at knot the entire process, that has to..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Twin requirements of O.23.R.1(3) CPC are: (i) that there is a formal defect in suit instituted which would result in dismissal of suit and; (ii) applicant has been able to show sufficient cause i.e the reason of withdrawal is not vexatious or mala fide...........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 -- Bar of subsequent suit - Agreement to sell - Withdrawal of injunction suit and subsequently filing suit for specific performance - Withdrawal of injunction suit by making statement that "I withdraw the present suit. I will file suit for specific performance' - Withdrawal of suit..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Earlier suit dismissed in default - O.23.R.1(4) CPC has no application to suit dismissed in default as it is governed by provisions of O.9 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - With liberty to file a fresh suit on same cause of action - Non-compliance of mandatory provision of S.80 CPC by plaintiff - Omission to issue notice u/s 80 CPC is a serious infirmity and not a formal defect as it is pre-requisite for filing suit against Government or a Public officer - Plaintiff..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Unconditional withdrawal of suit without taking permission of Court - Plaintiff is debarred from instituting fresh suit in respect of the same subject matter - Merely by adding sons of defendant, bar of O.23.R.1(4) CPC cannot be avoided...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Permissibility - In order to succeed in an application filed for withdrawal of suit with liberty to file afresh suit, plaintiff has to satisfy at least one of two requirements mentioned in O.23.R.1(3) CPC...........
