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K. MURALI SHANKAR
M. Thangam – Appellant
Versus
P. Subbammal – Respondent
ORDER :
(K. Murali Shankar, J.)
(Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order passed in I.A.No.206 of 2017 in O.S.No.297 of 2013 dated 16.03.2018 on the file of the II Additional District Munsif Court, Tirunelveli, by allowing this Civil Revision Petition.)
The Civil Revision Petition is directed against the order passed in I.A.No.206 of 2017 in O.S.No.297 of 2013 dated 16.03.2018 on the file of the 2nd Additional District Munsif Court, Tirunelveli, allowing the application filed under Order 23 Rule 1(3) of the Code of Civil Procedure.
2. The revision petitioners are the defendants and the respondent is the plaintiff. For the sake of convenience and brevity, the parties herein will be referred to as per their status/ranking in the trial Court.
3. The plaintiff has filed the suit in O.S.No.297 of 2013 against the defendants before the District Munsif Court, Tirunelveli, claiming permanent injunction restraining the defendants and their men from in any manner interfering with the plaintiff's peaceful possession and enjoyment of the suit property. The defendants have filed their written statement and are contesting the
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.
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 ....
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.
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 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.
The main legal point established in the judgment is that withdrawal of a suit is not permissible in the absence of fatal defects, and the plaintiff's conduct and intention in seeking withdrawal are c....
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.
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