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2025 Supreme(Online)(Mad) 67434

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. DHANABAL, J
R. Bala Magesh – Appellant
Versus
R. Saravana Perumal – Respondent
CS No. 176 of 2023



Advocates:
For the Appellants/Petitioners: Mrs. R.V.Gayathri
For the Respondents: Mr.D.Rajendran

A plaintiff may withdraw a civil suit with court permission despite the defendant's objections.

Headnote:In this case, the plaintiff sought to withdraw a civil suit filed under Order IV Rule 1 of O.S.Rules r/w Order VII Rule 1 and Section 26 of C.P.C. The court allowed the withdrawal of the suit despite objections from the defendant. The final order dismissed the suit as withdrawn and granted a refund of court fees to the plaintiff.

Table of Content
1. plaintiff seeks permission to withdraw the suit. (Para 1)
2. court permits withdrawal, dismissing suit. (Para 2)

JUDGMENT

The learned counsel appearing for the plaintiff seeks permission of this Court to withdraw this civil suit and she has also filed a memo and made an endorsement to that effect. The learned counsel for the defendant has raised his objection.

2. In view of the submission and endorsement made by the learned counsel for the plaintiff and the memo filed by the plaintiff to that effect, and the plaintiff who filed the suit want to withdraw the same, the Civil Suit is dismissed as withdrawn. No costs. The plaintiff is entitled to refund of full Court fees as per rules.

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