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Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Suit withdrawn without leave to file fresh suit - Restoration of - Suit for specific performance of agreement to sell - Withdrawn - No leave prayed to file fresh suit on same cause of action - Application for recalling order of withdrawal of suit on ground of misrepresentation by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Procedure Code, 1908, Order 33, Rule 11 -- Withdrawal of suit by indigent person - Realisation of Court fee - Suit withdrawn with liberty to file fresh suit - Plaintiff is liable to pay Court fees which would have been paid by him if he had not been permitted to sue as an indigent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..........
Civil Procedure Code, 1908, Order 26, Rule 4, Civil Procedure Code, 1908, Section , Order 16, Rule 9 -- Examination of witness on commission - Application for withdrawal of suit - Suit dismissed as withdrawn - Application under Section 114 and O 47 R 1 for review of order - Issues framed - Application for issuance of commission to examine Advocate - Declined by Trial Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Plaint - Withdrawal of admission - In claim petition it was pleaded that the deceased hired transport vehicle - Amendment sought to plead that the transport vehicle boarded without any hire charges - Amendment allowed by the Tribunal Held - Withdrawal of Admission or whether there was any admission or not, is a..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Appellate stage - Trial Court recorded findings on issues Nos.2 and 3 that the suit was not instituted by a competent person and the same was not maintainable - The finding clearly indicated a formal defect in the suit and on that account suit was bound to fail - Exercise of its discretion by the first..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Defects pointed out as to drafting of plaint, mis-joinder of parties, non-payment of proper Court fees, non valuation of suit property and not claiming proper reliefs - All the defects could have been cured by plaintiff by seeking amendment of plaint - Permission for withdrawal of suit with liberty to..........
Criminal Procedure Code, 1973, Section 321, Prevention of Terrorism Act, 2002, Section 4, 3 -- Prosecution u/ss 4 & 3 of POTA - Withdrawal of prosecution - Govt. granted sanction to withdrawn prosecution - Application of Public Prosecutor to withdraw the case rejected by Court as there was prima facie case against the accused - Courts are free to assess whether prima facie..........
