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B. S. BHANUMATHI
G Apparao Died – Appellant
Versus
Gorle Demudamma, W/O Late Kannalu – Respondent
ORDER :
Sri Nemani Venkateswarulu, learned counsel, representing Ms. T.V. Sridevi, learned counsel for the revision petitioners, was heard on the previous day of hearing and there is no representation for the respondents/ plaintiffs on that day. Even today, there is no representation for the respondents. Sri Nemani Venkateswarulu, learned counsel, representing learned counsel for the revision petitioners, is present.
2. This revision petition is filed under Article 227 of the Constitution of India against the orders, dated 07.12.2017 passed in I.A.No.682 of 2017 in O.S.No.42 of 2010 on the file of the Court of the Senior Civil Judge, Chodavaram.
3. The petition in I.A.No.682 of 2017 was filed by both the plaintiffs under Order 23 Rule 1 read with Section 151 CPC by the first plaintiff seeking permission to withdraw the suit, with a liberty to file a fresh suit, if necessary. The same has been allowed after hearing both the parties. Aggrieved by the same, the present revision petition is filed.
4. The suit was originally filed for partition by two plaintiffs against the sole defendant. Thereafter, in view of death of sole defendant, his legal representatives were brought on record as de
withdrawal of the suit, but they are aggrieved only by the permission granted by the trial Court allowing the plaintiffs to file a suit afresh in respect of the same properties. Thus, since there is ....
The court established that a plaintiff seeking to withdraw a suit under Order 23 Rule 1(3) C.P.C. must clearly demonstrate the existence of formal defects or sufficient grounds, and failure to do so ....
The court established that withdrawal of a suit under Order XXIII Rule 1 requires the court to be satisfied with the grounds for allowing a fresh suit on the same cause of action.
A court can only grant permission to withdraw a suit with leave to file a fresh suit if it is satisfied that the suit must fail by reason of some formal defect or that there are sufficient grounds fo....
A plaintiff's right to withdraw a suit at the appellate stage is not absolute and must respect the rights acquired by the defendants under a decree.
The court ruled that plaintiffs can withdraw a suit with permission to file a fresh suit if sufficient grounds for withdrawal exist, overriding trial court's error in denying such permission.
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