Civil Procedure Code, 1908, Order 23, Rule 1(3), Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case for fresh decision - Trial court has power to allow withdrawal of suit with permission to file fresh suit on the same cause of action...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Restoration of suit dismissed as withdrawn in view of compromise and statement of plaintiff - Withdrawal of suit was unconditional - Moreover, if any amount had to be paid under the compromise, the petitioners would not have waited for two years to file the restoration application - There would also have been..........
Civil Procedure Code, 1908, Order 23, Rule 1, Constitution of India, 1950, Article 226 -- Partition proceedings - Writ petition - Maintainability - Held, once the petitioners had invoked the alternative remedy of filing a civil suit to challenge the instrument of partition, they can not be heard in a writ petition once they had not succeeded in Civil Court and permitted to..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh on same cause of action - Permissibility - Plaintiffs have taken very vague and general plea regarding false documents without specifying the documents - Alleged false documents including ex parte decrees were traced at the time of filing of affidavit of petitioner in evidence..........
Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of petition - Second petition for same relief - Tenability - Withdrawal of earlier writ petition acknowledging the fact that grievance made by RDS regarding rejection of its bid had been rendered infructuous as the works in question remained available for allotment in a..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Provision of O.23.R.1 CPC applies to suits and part of claims raised in the suit - it does not apply to interlocutory applications and orders passed thereon...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1, 3 -- Withdrawal of suit - Application u/s 151 CPC for recalling an order permitting withdrawal of suit is maintainable in the interest of justice...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit - Withdrawal of withdrawal application - Maintainable u/s 151 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Permission to withdraw with liberty to file fresh petition - Validity - No reasons are recorded by Family Court for permitting Respondent/husband to withdraw petition with liberty to file a fresh petition - Serious allegations are leveled against appellant/wife - Held,..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Dismissal of suit on merits as well non signing of plaint and vakalatnama by plaintiff Nos.3 & 4 - Defect of not signing plaint could be cured in accordance with law - Since the suit was decided on merits as such appellate court gravely erred in permitting plaintiff to withdraw suit..........
