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ARINDAM LODH
Shri. Bijit Kumar Banik – Appellant
Versus
Kalyani Deb – Respondent
JUDGMENT
1. None appears for the parties to the lis.
2. The present petition has been filed in the year 2019. It reveals that the plaintiff instituted a suit for declaration and recovery of possession. The defendant No. 5, the petitioner herein, contested the suit by filing written statement. The plaintiff also submitted some documents in favour of the plaint case. During pendency of the suit, the plaintiff had filed a petition under Order-XXIII, Rule-1 for withdrawal of the suit. The defendant No. 5 filed an objection to such prayer of the plaintiff for withdrawal of the suit with the prayer to return the documents which he submitted along with plaint. The learned Civil Jduge, Sr. Division, Agartala, West Tripura, Court No. 1, had allowed the withdrawal of the suit with further liberty to return the documents which the plaintiff had submitted along with the plaint vide order dated 15.03.2019 in T.S. 78 of 2017.
3. By this revision petition, the defendant No. 1 has challenged the said order dated 15.03.2019 passed in T.S. 78 of 2017 permitting the plaintiff to withdraw the suit along with an order to return the documents to the plaintiff. I have minutely perused the order dated 15.03.
The plaintiff has the absolute right to withdraw a suit at any stage without the defendant's objection, subject only to the imposition of costs.
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.
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 trial court must satisfy specific conditions under Order XXIII Rule 1(3) CPC before allowing a plaintiff to withdraw a suit and file a fresh one.
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 in a multi-plaintiff suit can withdraw without co-plaintiff consent if the claims are independent and severable.
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.
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