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Showing posts with label O 23 R 1(3) of CPC. Show all posts
Showing posts with label O 23 R 1(3) of CPC. Show all posts
Saturday, 29 July 2023

Whether a person can file second suit simply by filing withdrawal pursis in first suit?

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  Considering that the suit in question was beyond the pecuniary  jurisdiction the Application came to be filed for withdrawal of the procee...
Monday, 29 June 2020

Whether the court can permit withdrawal of suit if the plaintiff fails to plead that there is a formal defect in the suit?

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 Under order 23 rule 1 (3) CPC, where the court is satisfied that a Suit must fail by reason of some formal defect or that there are suffi...
Saturday, 3 August 2019

Whether Validity of decree passed on compromise can be challenged by a separate suit?

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Therefore, the only remedy available to a party to a consent decree to avoid such consent decree, is to approach the court which recorded ...
Sunday, 12 March 2017

When court should permit withdrawal of suit with liberty to file fresh suit?

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The provision of Order XXIII, Rule (1) of the Civil Procedure of Code, 1908 (for short “CPC”) gave power to the court to allow the plainti...
Sunday, 5 March 2017

When court should not allow withdrawal of suit with liberty to file fresh suit?

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 I have heard the learned counsel for the parties and with their assistance I have gone through the record of the case. 4. Order 23 Rule...
Saturday, 13 August 2016

When court will not allow withdrawal of suit at appellate stage?

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Both these decisions, namely, the decision of the Allahabad High Court in Kedar Nath's case and Kanhaiya's case were followed by th...