Application for permission to withdraw suit

APPLICATION FOR PERMISSION TO WITHDRAW THE SUIT

The provision of Order XXIII, Rule (1) of the Civil Procedure Code, 1908  gave power to the court to allow the plaintiff at any point of time to withdraw his suit unconditionally or to withdraw from the suit on certain conditions. However, very purpose of Order XXIII of the CPC is to prevent defeat of justice on technical grounds.

Provisions of order XXIII Rule (1)-

23. Withdrawal of suit or abandonment of part of claim:-  At any time after the institution of a suit, the plaintiff may as against all or any of the defendants abandon his suit or abandon a part of his claim.(b) that there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject matter of a suit or part of a claim.

(3) Where the Court is satisfied-
(a) that a suit must fail by reason of some formal defect 

(b) that there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject matter of a suit or part of a claim.

the court may grant the plaintiff permission to withdraw from such suit with liberty to institute a fresh suit in respect of the subject-matter of such suit.

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