Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Request for withdrawal of suit with permission to file fresh suit on the same cause of action - Suit dismissed as withdrawn-Held, the request for withdrawal of suit with permission to file fresh suit on the same cause of action are integral part of the request made to the Court - It is not open to the Court to split up the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Earlier also plaintiff filed tow suits in which temporary injunction was declined - This fact not disclosed in the third suit - Earlier suits withdrawn without permission to file fresh suit on the same cause of action - Injunction declined...........
Practice -- To make up units tendency of Additional District Judges to resort to short-cut of allowing suits to be withdrawn with permission to file fresh ones - Deprecated...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Oral request for allowing suit to be withdrawn with permission to file a fresh one - Highly doubtful if on oral request such order can be passed...........
Civil Procedure Code, 1908, Order 23, Rule 1, Limitation Act, 1963, Section 14(3) -- Withdrawal of earlier suit with permission to file a fresh suit on same cause of action by itself not sufficient to claim benefit of subsection (3) of Section 14 - Time spent in prosecuting earlier suit can be excluded under Section 14(3) if : (i) permission to withdraw suit granted on the..........
Civil Procedure Code, 1908, Section 35B, 115, Order 23, Rule 1 - - Suit for declaration and permanent injunctio, Ex-parte ad interim injunction obtained - First suit allowed to be withdrawn on payment of costs - Second suit dismissed for no, prosecution - Third suit filed and ex-parte ad interim injunction obtained - Costs not paid - Court allowed third suit to be..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Provisions of Order 23 Rule I have to be applied in rare cases and this power not to be used lightly - Suit should not be allowed to be withdrawn with permission to file a fresh one on matters which can be corrected by amendment of plaint and pleadings - If clerical mistake crept in plaint and followed in application for..........
Civil Procedure Code, 1908, Section 12, Order 23, Rule 1 -- Court allowed first suit to be withdrawn with permission to file a fresh suit - Order challenged in High Court - Second suit filed in accordance with permission granted by Court - High Court set aside the order and consequently first suit revived but subsequently plaint in first suit rejected under Order 7 Rule 11..........
