Civil Procedure Code, 1908, Order 9, Rule 13 -- Explanation - Exparte decree - Setting aside - Application is not maintainable when an appeal against ex parte decree is dismissed may be on ground of limitation or dismissal for default - By virtue of explanation disposal of appeal on any ground whatever, apart from its withdrawal, constitutes sufficient reason for bringing..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Probate proceedings - Will by father - Guardian ad litum - Appointment sought - Petitioner was slow in understanding and affected with mild mental retardation - Relatives of petitioner shunned company of petitioner because of mental malady - Certificate issued by medical board showed that petitioner had abnormally low IQ -..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Compromise - Not attested - Application filed by plaintiff and through Power of Attorney by defendant - No question of attestation in such case - Power of Attorney holder of defendant could be party to application for withdrawal - Permission for withdrawal of suit - Refusal on ground that it was without..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Withdrawal of earlier suit - Principle of res judicata does not apply when earlier suit was withdrawn as withdrawal is not a decision, wherein the matter can be said to have been heard and finally decided by Court...........
Civil Procedure Code, 1908, Order 2, Rule 9 -- Additional written statement - Filing of - Application moved - Circumstance under which it can be allowed - Execution of admission deed and questioning its validity based on legal position by way of additional Written Statement - Plea not inconsistent with already filed written statement - Does not amount to withdrawal of..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Paramount consideration should be the interest of administration of justice...........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Accused availing loan from government on a false affidavit that the patient was his wife - Amount taken as advance returned to State Government and nothing more to be recovered from the accused - Order declining withdrawal set aside...........
Civil Procedure Code, 1908, Order 23, Rule 1(b) -- Withdrawal of suit - Sought immediately after filing of written statement by defendant and before framing of issues as plea of misrepresentation and fraud by inadvertence could not be taken and that detailed particulars of fraud and misrepresentation were sought to be pleaded by filing the new suit - Application allowed...........
Civil Procedure Code, 1908, Order 23, Rule 3(a) -- Withdrawal of suit - Existence of formal defect - Permission to file fresh suit sought - `Formal defect' implies defect in suit which cannot be cured by amendment - Refusal of permission to withdraw suit on ground that alleged formal defect in plaint could be cured by amendment of plaint - Not proper - Trial Court cannot..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Admission - Withdrawal of - Admission made by a party cannot be allowed to be withdrawn until party satisfies that the admission made by it was erroneous and negates factual position...........
