Whether plaintiff can be permitted to withdraw suit at appellate stage after rights are acquired by parties under decree?

In R. Rathinavel Chettiar and Another v. V. Sivaraman and Others [(1999) 4 SCC 89], this Court opined :

"22. In view of the above discussion, it comes out that where a decree passed by the trial court is challenged in appeal, it would not be open to the plaintiff, at that stage, to withdraw the suit so as to destroy that decree. The rights which have come to be vested in the parties to the suit under the decree cannot be taken away by withdrawal of the suit at that stage unless very strong reasons are shown that the withdrawal would not affect or prejudice anybody's vested rights. The impugned judgment of the High Court in which a contrary view has been expressed cannot be sustained."

Supreme Court of India

Sneh Gupta vs Devi Sarup & Ors on 17 February, 2009

Bench: S.B. Sinha, Mukundakam Sharma
Citation;2010(1) MHLJ293 SC

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