Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit after remand by Appellate Court for a limited purpose - Plaintiff is not entitled to circumvent the remand order and get nullified the findings therein under the guise of instituting a fresh suit after withdrawing from the suit U.O.23.R.1(3) CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 32, Rule 7 -- Minor - Withdrawal of suit on his behalf - Leave to withdraw suit should be accompanied by affidavit of next friend that proposed compromise in his opinion is for the benefit of minor - Application not accompanied by affidavit - No material on record to show that withdrawal of..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at second appellate stage - Once a suit is decided and decree passed, it conclusively determines the rights of the parties with regard to all the matters in controversy in the suit and therefore, at the stage of appeal, though it is continuation of the suit, plaintiff has no absolute right to withdraw from..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at Appellant Stage - O.23 R.1 of the Code of Civil Procedure gives unqualified right to the plaintiff to withdraw from a suit so long as suit is pending and no vested right has accrued in favour of the defandants - Once a suit is decided and decree passed, it conclusively determines the rights of the..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Objection by defendant that application is verified by constituted attorney who did not have authority to verify - Power of Attorney executed by trustee who was not party to suit - However, on date of execution of Power of Attorney he was very much trustee - No provision of law under which one cannot in..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Eviction petition - Earlier suit filed on plea that it is governed by Transfer of Property Act as right of lessee stood determined by efflux of time - Defendant took plea of monthly tenancy and that tenancy law is applicable and not TPA - Plaintiff accepted plea of monthly tenancy and sought to file a..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit - Recall of order allowing withdrawal of suit - Liberty to file a fresh suit on the same cause of action, not granted as it was not prayed - Court is not divested of its power to recall its order - In absence of a specific provision in the Code in this respect Court can recall order allowing..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Suit withdrawn without leave to file fresh suit - Restoration of - Suit for specific performance of agreement to sell - Withdrawn - No leave prayed to file fresh suit on same cause of action - Application for recalling order of withdrawal of suit on ground of misrepresentation by defendant - High Court in..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Recalling of order permitting withdrawal of suit - No specific provision under Code of Civil Procedure for filing such application - Inherent powers u/s 151 can be exercised in the interest of justice...........
Civil Procedure Code, 1908, Order 33, Rule 11 -- Withdrawal of suit by indigent person - Realisation of Court fee - Suit withdrawn with liberty to file fresh suit - Plaintiff is liable to pay Court fees which would have been paid by him if he had not been permitted to sue as an indigent person - Order directing a copy of decree being forwarded to District Collector to..........
