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Showing posts with label withdrawal of suit with liberty to file fresh suit. Show all posts
Showing posts with label withdrawal of suit with liberty to file fresh suit. Show all posts
Sunday, 5 July 2020

Whether provision of withdrawal of suit with liberty to file fresh suit is applicable to appeal?

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Based on the above, the ATMCD has concluded that the second appeal filed by the petitioner for the same property is barred by Order 23 Rul...
Friday, 3 July 2020

How to ascertain limitation for the suit filed after the withdrawal of a previous suit with liberty to file fresh suit?

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Order 23, Rule 2, on the other hand, specifically provides that where a plaintiff is permitted to withdraw the suit or abandon part of th...
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...
Tuesday, 20 June 2017

Whether second writ petition is maintainable if first writ petition is withdrawn unconditionally?

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 In view of the discussion above, we find that the provisions of Code of Civil Procedure are not per se applicable to the writ proceeding...
Saturday, 17 June 2017

What constitute formal defect permitting plaintiff to withdraw suit with liberty to file fresh suit?

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 In  K.S. Bhoopathy and Ors. v. Kokila and Ors.  MANU/SC/0395/2000 : (2000) 5 SCC 458,  it has been held that it is the duty of the Court ...
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...
Tuesday, 5 April 2016

Supreme Court:Basic concept of expression 'subject matter of suit' for the purpose of withdrawal of suit with liberty to file fresh suit

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The only contention that was seriously pressed before us on behalf of the appellant was that the suit under appeal is not maintainable as t...