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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
N Vijaya, W/O M.G. Munireddy – Appellant
Versus
Gurumurthy Reddy S/O Nanjappa Reddy – Respondent
ORDER :
S.R. KRISHNA KUMAR, J.
In this petition, petitioners seek the following reliefs:
"a) To issue writ in the nature of certiorari to quash the order passed on L.A.No.15, filed under order 23 rule 1 of code of civil procedure in O.S.No.876/2007, on the file of Principal Senior Civil Judge, at Anekal, Bangalore District, dated 28.11.2024 which is produced under ANNEXURE-E and,
b) To grant such other relief\s, as deems fit by considering the above said facts and circumstances of the case in the interest of justice and equity."
2. This petition by the plaintiffs in O.S.No.876/2007 on the file of the learned Principal Senior Civil Judge and JMFC, Anekal, is directed against the impugned order passed on I.A.No.15 dated 28.11.2024, whereby the said application filed by the petitioners/ plaintiffs under Order XXIII Rule 1 read with Section 151 of the Code of Civil Procedure, 1908, for permission to withdraw the suit and liberty to institute a fresh suit was partially rejected by the Trial Court, which permitted the petitioners/plaintiffs to withdraw the suit, but declined to grant them the permission to institute a fresh suit on the same cause of action.
3. Heard the learned counsel for the
The court ruled on the permissibility of withdrawing a suit under Order XXIII Rule 1 and clarified that a trial court may not partially grant or deny such requests but must decide them in full.
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.
A trial court must satisfy specific conditions under Order XXIII Rule 1(3) CPC before allowing a plaintiff to withdraw a suit and file a fresh one.
The court cannot split the prayer for withdrawal of a suit and liberty to file a fresh suit; both must be allowed or rejected together.
Permission to withdraw a suit with liberty to file a fresh suit requires sufficient grounds or a formal defect; mere change in circumstances does not suffice.
A plaintiff must establish a formal defect under Order XXIII Rule 1 to withdraw a suit and file a new one, and courts must provide reasons for such decisions.
Court must ensure sufficient grounds exist for withdrawal of a suit before permitting re-filing under Order XXIII Rule 1(3) CPC, safeguarding the rights of defendants and judicial efficiency.
Withdrawal of a suit under Order XXIII Rule 1(3) CPC must be coupled with liberty or permission to institute a fresh suit, and after a prolonged litigation period, withdrawal at the will of the petit....
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....
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