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SANJAY KUMAR MEDHI
Abdul Barek, S/o. Late Toiyob Ali – Appellant
Versus
Mahali Sheikh, S/o. Late Toser Ali @ Tusor Ali – Respondent
ORDER :
(Sanjay Kumar Medhi, J.) :
1. Heard Shri M.K. Sharma, learned counsel for the petitioner, who has filed the instant petition under Article 227 of the Constitution of India against an order dated 03.08.2022 passed by the learned Munsiff No. 1., Goalpara whereby a petition filed under Order 23 Rule 1 (3) of the CPC in Title Suit No. 25/2018 has been rejected. I have also heard Ms. K. Phukan, the learned Government Advocate.
2. The petitioner, as the plaintiff had instituted the aforesaid suit for declaration of right, title, interest and recovery of a possession pertaining to a plot of land. The suit was contested by the private respondent whereas it proceeded ex-parte against the State respondents. It is also the admitted case that the plaintiff’s evidence through three witnesses were given by way of affidavit and PW1 was also cross examined. However, at that stage, the application under Order 23 Rule 1 CPC was filed for withdrawal of the suit with liberty to institute a fresh suit.
3. Shri Sharma, the learned counsel for the petitioner by referring to the said petition filed under Order 23 Rule 1 (3) CPC has submitted that in paragraph-2 thereof, a formal defect was pointed o
The court established that the discretion to permit withdrawal of a suit under Order 23 Rule 1 (3) CPC requires timely action and sufficient grounds, and that the presence of formal defects must be s....
A party cannot withdraw a suit under CPC without establishing formal defects; the High Court's interference is limited to cases of arbitrary action or manifest injustice.
High Court under Article 227 may intervene only in cases of arbitrariness, excess of jurisdiction, or perverse findings; withdrawal of suit necessitates formal defects or sufficient grounds under CPC....
Under CPC Order 23 Rule 3, withdrawal of a suit is permissible for formal defects, allowing plaintiffs to file a fresh suit to ensure justice is served.
A plaintiff may withdraw from a suit without co-plaintiff consent if their claims are independent and severable, ensuring no adverse impact on the other plaintiffs' rights.
A plaintiff in a multi-plaintiff suit can withdraw without co-plaintiff consent if the claims are independent and severable.
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