Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit when it was fixed for final arguments - Allowing application at this stage would amount to filling up lacuna or defect which occurred in the suit - Order rejecting application, upheld...........
Civil Procedure Code, 1908, Order 23, Rule 1(1) -- Withdrawal of suit - A mere withdrawal of suit without seeking anything more can always be permitted - Defendant has no right to compel plaintiff to prosecute suit by opposing withdrawal of suit sought by plaintiff except to claim cost for filing a suit against him...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with permission to file fresh suit on the same subject matter - Defendant can object to such prayer made by plaintiff - In such event, it is for Court to decide as to whether permission to seek withdrawal of suit should be granted to plaintiff and if so on what terms...........
Civil Procedure Code, 1908, Order 23, Rule 1(1) -- Withdrawal of suit - Plaintiff applied for withdrawal of suit U.O.23.R.1(1) CPC - Trial Court permitted such withdrawal subject to payment of cost of Rs.350 to defendant - Such order is in conformity with O.23.R.1(1) CPC - High Court committed error in interfering the judgment of Trial Court and reversing the same - High..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit - Partition suit - Earlier suit for partition filed by defendants withdrawn - Plaintiffs deriving right to suit property through defendants - Though plaintiffs have independent right to extent of their share, but in view of family settlement having been acted upon to knowledge of plaintiffs they cannot..........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 1 -- Withdrawal of suit - Res judicata - Suit for declaration - Second suit not filed after either withdrawal or abandonment of claim raised in first suit and factum of first suit is disclosed in plaint of second suit, then subsequent withdrawal of first suit does not come within purview of provision, as withdrawal is..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit - Partition suit - Withdrawal sought on the ground that all the properties of family and other co-parceners as parties were not included in the suit - However, plaintiff has already availed the remedy of including other co-sharer as a party and also took steps for getting property included and..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Bar to fresh suit - Earlier suit was withdrawn on account of developments which were beyond the control of plaintiff - Cause of action to file the present suit arose in favour of plaintiff after service of notice - Held, suit is not barred U.O.23 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file afresh suit on the same cause of action - Not permissible on the basis of plea in written statement which can be rebutted by plaintiff in replication...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file afresh suit on the same cause of action - Purpose of O.23.R.1(3) is not to allow parties to fill up lacuna - Formal defect and sufficient cause have to be culled out from the averments which are so made by applicant in an application filed under the said provision...........
