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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Deepak Kumar Tiwari
Sukhnandan Singh S/o Shri Karmu – Appellant
Versus
Kundan Singh S/o Shri Ramsingh – Respondent
ORDER :
Deepak Kumar Tiwari, J.
1. This Civil Revision is directed against the order dated 5.10.2023 passed by the 3rd Civil Judge, Class-II, Ambikapur in Civil Suit No.130-A/2018 whereby the application preferred by the petitioner/plaintiff under Order 23 Rule 1 of the CPC for withdrawal of the suit with liberty to institute a fresh suit has been rejected.
2. Facts of the case are that the petitioner/plaintiff has instituted a civil suit on 23.6.2018 for declaration of title and permanent injunction of the land situated at village Chhindkalo, Tehsil Darima, District Ambikapur for 18 Khasra numbers, total area 14.53 acre. During the pendency of the suit, defendant No.1 – Rajmaniya, wife of Geda, died. Respondent No.1/defendant filed the written statement. Issue have been settled and the case was fixed for evidence. However, during the course of evidence of the plaintiff, certain necessary averments could not be made in the plaint and certain documents which were necessary were also not filed. In these circumstances, the subject application was moved. The defendant raised an objection and by the impugned order, the said application was rejected.
3. Learned counsel for the petitioner wou
A plaintiff's right to withdraw a suit is conditional on the existence of formal defects or sufficient grounds, not absolute, and requires court approval to balance both parties' rights.
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.
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....
Withdrawal of a suit under Order 23 Rule 1 CPC requires either a formal defect or sufficient grounds for a fresh suit.
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.
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.
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 court's permission to withdraw a suit must be interpreted as granting the plaintiff the right to file a fresh suit on the same cause, despite not being explicitly stated.
Court has discretion to permit withdrawal of a suit under CPC, but must ensure sufficient grounds exist; mere counsel error does not qualify if it alters the suit's essence.
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