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D.G.KARNIK
Anil Dinmani Shankar Joshi & another – Appellant
Versus
Chief Officer, Panvel Municipal Council & another – Respondent
How to withdraw a suit unconditionally under Order XXIII, Rule 1 CPC? What is the effect of filing a pursis/purshis of withdrawal on the completion of withdrawal against defendants? What are the consequences if withdrawal is partial against some defendants and the suit continues against others?
Key Points: - The judgment holds that a plaintiff has an unconditional right to withdraw his suit, and withdrawal is complete as soon as a pursis/purshis of withdrawal is filed, with the court’s formal order recording withdrawal being optional. (!) (!) - Withdrawal can be against one or more defendants with the suit potentially surviving against remaining defendants; the court may address costs but cannot deny withdrawal on grounds that the withdrawn party is a necessary party. (!) (!) - If the court had previously refused withdrawal, such order is erroneous and the withdrawal should be considered complete from the date the pursis/purshis is filed. (!) (!) - The principles apply both to applications and to suits, as per the cited Apex Court decisions. (!) (!) - The revision was allowed to set aside the order refusing withdrawal and to permit withdrawal against respondent No. 1. (!)
2. The applicants filed a suit against Chief Officer Panvel Municipal Council as defendant No. 1 and respondent No. 2 herein as defendant No. 2. The petitioner filed a purshis on 11th February, 2001 stating that the respondent No. 1 has granted the necessary permission for constructing of a building and sanctioned the plans and therefore, the plaintiff has no grievance against the respondent No. 1. By the said purshis, the said purshis, the applicants gave up all his claims against respondent No. 1 and sought to unconditionally withdraw the suit against respondent No. 1. The respondent No. 1 gave consent for the said withdrawal. The respondent No. 2 however opposed the said purshis and thereupon by an order dated 20th July, 2002, the trial Court refused the permission to the applicants to withdraw the suit against respondent No. 1. This order is challenged in this revision.
3. Order XXIII, Rule 1 of the Code of Civil Procedure permits the plaintiff at any tim
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