Civil Procedure Code, 1908, Order 22, Rule 1, Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Does not abate due to death of a party or withdrawal of suit by one of them...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Not permissible - Once the suit is decided by the trial Court after contest by the parties and findings recorded on issues arising between them, the plaintiff cannot, as a mater of course, withdraw his suit at the stage of appeal...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit in appeal - Once suit decided by trial Court after contest - Plaintiff cannot as a matter of course withdraw his suit at the stage of appeal - Words 'at any time after the institution of suit' in Order 23 Rule 1 - Apply to a suit in trial Court and not thereafter - Findings recorded in the suit on issues..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Cannot be allowed as a matter of course but has to be allowed rarely only when a strong case is made out - The rights which have come to be vested in parties to the suit under the decree cannot be taken away by withdrawal of suit at that stage unless very strong reasons are shown that..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Transferee pendente lite - Impleaded as appellant in appeal - Plaintiff filing application to withdraw suit as not pressed - Held, transferee who has been impleaded as respondent in appeal has right to be heard...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with permission to file fresh suit on the same cause of action - Granted on payment of costs - Costs not quantified - Fresh suit filed without paying such costs - Considering fact that parties were brothers and were litigating for two years, costs quantified at Rs.3, 000/- - Plaintiff directed to pay said..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Suit can be withdrawn so long as suit is pending - Once suit is decided and decree passed it conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit - Therefore, at this stage of appeal, though it may be continuation of the..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit in appeal where suit dismissed (on merits and not on account of any formal defect) - Cannot be permitted as a matter of right - No absolute right of plaintiff to withdraw suit at the stage of appeal under sub - rule (1) of Rule 1 of Order 23 though appeal may be continuation of suit - Once a suit is decided..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - If an appeal is filed by an unsuccessful plaintiff and the plaintiff appellant wants to withdraw not only the appeal but also the suit unconditionally, then such a permission so far as the withdrawal of the suit was concerned, can be granted if there was no question of any adjudication..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - Withdrawal - Amendment can be permitted only when the same does not substantially introduce a new case for defendant in contradiction with his original defence and when the plaintiff's interest would not be put to any serious jeopardy - Where right has accrued to other party on..........
