Back
HIRDESH
Dwarka Prasad – Appellant
Versus
State of M. P. – Respondent
ORDER
1. Petitioners/plaintiffs have filed this civil revision against the order dated 13.3.2023 passed by 2nd Civil Judge, Junior Division, Sarangpur, district Rajgarh in civil suit No.67A/2014 whereby the application filed by the petitioners under Order 23 rule 1 CPC has been dismissed.
2. The brief facts of the case are that petitioner/plaintiff filed a suit for declaration and permanent injunction against the respondent/State with regard to the land bearing survey No.269/1/1 Rakba 0.140 hectares situated at Kasba Pachore, Tehsil Pachore, district Rajgarh (hereinafter referred to as 'the suit property'). The respondent No.1/State filed a written statement denying all the averments made in the plaint and alleged that the petitioners are not the owners of the suit property and in the year 1948 the suit property was not allotted to the father of the petitioner for establishment of ginning factory.
3. The trial court framed issues, recorded evidence and dismissed the suit filed by the petitioners. The petitioners/plaintiffs being aggrieved by the said judgment passed by the trial court preferred a first appeal before the first appellate Court. During the pendency of the first appeal, B
If a formal defect can be rectified by way of amendment, there is no necessity to seek withdrawal of suit.
Liberty to file a petition under Order I Rule 10 CPC seeking amendment of plaint. No irregularity or illegality, in impugned order warranting interference of this Court in exercise of jurisdiction un....
The petitioners can be permitted to withdraw the suit to file a fresh suit, and they are liable to satisfy the law of limitation while filing the fresh suit.
Point of law : Withdrawal of suit - Court while dealing with an application under Order 23 Rule 1 of CPC has to specifically state the formal defect entailing withdrawal of the suit in its order gran....
Amendments that fundamentally change a suit's nature are impermissible, and withdrawal permissions require valid grounds to prevent judicial abuse.
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.
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'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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
