T. MADHAVI DEVI
VLS Prasad – Appellant
Versus
Strips India – Respondent
ORDER :
1. This Civil Revision Petition (CRP) is filed against the order dated 04.12.2023 in I.A. No. 853 of 2023 in O.S. No. 56 of 2022 on the file of the III Additional Sessions Judge, Sanga Reddy.
2. The petitioner is the defendant No. 1 in the suit filed by respondent No. 1 herein. The suit was filed for permanent injunction against the defendants therein who are 8 in number. The suit was filed on 24.03.2022 and defendant No. 1 has filed his written statement on 08.06.2022. The other defendants, i.e. defendants 2 to 8 also filed their written statement collectively on 08.06.2022. In the written statement, defendant No. 1 has taken the objection about the title as well as possession of the plaintiff over the suit schedule property. Along with the suit, the plaintiff had filed I.A. No. 161 of 2022 for interim injunction. Defendant No. 1 had filed his counter to the I.A. also raising objections with regard to the title and the possession over the suit schedule property and the boundaries mentioned of the suit schedule property. Respondents 2 to 8 have also filed their counter affidavit and it is thereafter and after hearing all the parties that the petition for interim injunction wa
Executive Officer, Arthanareswarar Temple vs. R. Sathyamoorthy
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.
Court must ensure sufficient grounds exist for withdrawal of a suit before permitting re-filing under Order XXIII Rule 1(3) CPC, safeguarding the rights of defendants and judicial efficiency.
Withdrawal of a suit with leave to file a fresh one can be granted based on substantial grounds, not limited to formal defects under Order XXI Rule 1(3) of the CPC.
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 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.
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