Civil Procedure Code, 1908, Section 24(5), 151 -- Transfer or withdrawal of suit or appeal - Instead of waiting for the process of returning the plaint or appeal for representing it before the appropriate court, the superior court can withdraw or transfer such suits or proceedings - This power to transfer includes the power to transfer appeals as well...........
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 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 6, Rule 17 -- Amendment of plaint - Suit for declaration - Amendment sought for introducing entirely different case by alleging that plaintiff is in possession of suit property though in original plaint, said fact was not pleaded - By way of amendment, plaintiff seeks to withdraw admission already made - Plaintiff cannot be permitted to..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Permissibility - Plaintiff failed to prove that suit has suffered from any formal defect - Except raising a vague plea that defendants have intended new concepts, plaintiff has not explained as to what those concepts were and whether they constitute sufficient ground to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition and permanent injunction - By way of proposed amendment plaintiffs want to withdraw the admission already made in plaint and to introduce new facts regarding joint possession - From the inception plaintiffs have described that defendant No.1 is the adopted son of original owners -..........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(d) -- Withdrawal of suit - Plaintiff can be permitted to withdraw suit with liberty to file afresh, only if, defects are found to be of form and not of substance...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - It is absolute right of suitor - Asking for leave to withdraw is a matter of courtesy and respect to the Court and it is not intended to give Court a power to exercise discretion - However, in case withdrawal of suit with liberty to file fresh suit on the same cause of action is sought then power to allow..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Partition suit - Plaintiff and defendant are party of equal status - Plaintiff has no absolute right to withdraw suit even though suit has not reached stage of decision - Appeal is continuation of suit and so withdrawal of appeal is also not an absolute right of plaintiff - Moreover, when withdrawal would..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Permission to grant leave to withdraw suit is discretion of Court - While exercising discretion Court is expected to see that one of conditions laid down in O.23.R.1(3) CPC is satisfied - Court is also expected to see that other side is not unnecessarily harassed and due to technical defect justice is..........
