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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
MILIND RAMESH PHADKE
Kapoori Bai W/o Late Shri Shyamlal – Appellant
Versus
Neelesh S/o Khilan Kushwah – Respondent
ORDER :
1. The present petition under Article 227 of the Constitution of India has been filed against the order dated 1.9.2022 passed by Civil Judge Junior Division, Lateri, District Vidisha in R.C.S. No.23-A/2021, whereby an application under Order 23 Rule 1 of CPC filed on behalf of the present petitioners for withdrawal of the plaint was dismissed.
2. Brief facts of the case are that the predecessor-in-title of the present petitioners and other plaintiffs have filed a civil suit for declaration of title and permanent injunction in respect of the Suit Property bearing Survey No.396 admeasuring 1.148 hectare against the respondents no.1 to 6/defendants. During the pendency of the suit, plaintiff no.7 Geeta Bai had expired on 5.6.2002 and learned Trial Court allowed the application under Order 22 Rule 3 as a legal representative of the deceased-plaintiff no.7 was already on record. The present petitioner/plaintiff no.1 to 3 and 5 and 8 to 10 moved an application under Order 23 Rule 1 of CPC, likewise petitioner/plaintiff no.4 also moved a similar application on 17.8.2022 before the learned Trial Court seeking permission to withdraw the plaint on the ground of plaintiff no.6 Rekha Bai
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.
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 plaintiff has an absolute right to withdraw/abandon their suit as a whole or in part, at any time after the institution of the suit, without seeking permission to file a fresh suit, as enshrined un....
A plaintiff can withdraw a suit without affecting other proceedings, and courts cannot impose conditions on such withdrawal nor control other forums.
The court cannot split the prayer for withdrawal of a suit and liberty to file a fresh suit; both must be allowed or rejected together.
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 main legal point established in the judgment is that the plaintiff has an unqualified right to withdraw the suit unconditionally, and the defendant's objection to the withdrawal amounted to a mis....
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