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Civil Procedure Code o 23 R 2 - Summary of Main Points and Insights
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Order 23 Rule 2 primarily governs the withdrawal of suits and filing of fresh suits after withdrawal, emphasizing that a suit can be withdrawn with or without liberty to file a new suit. The rule permits courts to impose conditions, such as time limits for filing a new suit, but such conditions must adhere to the statutory provisions.
References: Pooja Purohit W/o Sumer Purohit VS Sumer Purohit S/o Madanlal Purohit - Chhattisgarh, Dipak Das VS Dharjyodhan Deb - Gauhati, Kulwant Singh VS Rajinder Kaur - Current Civil Cases, Hoshiaru VS Kishan Chand - Himachal Pradesh -
Withdrawal of Suit: Courts have exercised their discretion under Order 23 Rule 2 to allow withdrawal, sometimes with conditions or liberty for a fresh suit. However, imposing conditions like filing a new suit within a specific period must comply with the rule; otherwise, such conditions may be deemed void.
References: Dipak Das VS Dharjyodhan Deb - Gauhati, Kulwant Singh VS Rajinder Kaur - Current Civil Cases, Hoshiaru VS Kishan Chand - Himachal Pradesh -
Legal Procedure and Limitations: When a suit is withdrawn without liberty or without proper notice, it may be challenged or considered invalid. The courts have held that withdrawal must be in accordance with the provisions of Order 23, and any deviation, such as failure to notify the opposing party, can render the withdrawal unsustainable.
References: Hoshiaru VS Kishan Chand - Himachal Pradesh, Himalya International Limited VS Himachal Pradesh State Electricity Board Limited - Himachal Pradesh -
Transfer and Miscellaneous Provisions: Section 23 of CPC deals with transfer of cases between courts, and the courts have clarified that orders under this section are distinct from withdrawal proceedings governed by Order 23 Rule 2.
References: Chartered Bank VS Bokaro Steel Ltd. - Patna -
Res Judicata and Effect of Withdrawal: The effect of withdrawal can influence res judicata considerations, especially if a suit is withdrawn with or without liberty to refile. Courts have emphasized that withdrawal with liberty allows for a fresh suit, but withdrawal without liberty may bar subsequent suits on the same matter.
References: Kali Prasanna Sil VS Panchanan Nandi Chowdhury - Calcutta
Analysis and Conclusion
Order 23 Rule 2 of the Civil Procedure Code provides a flexible yet regulated framework for the withdrawal of suits and the conditions for filing a new suit. Courts have consistently held that withdrawal must be in strict accordance with the rule, especially regarding notice, liberty to refile, and conditions imposed. Any violation of these provisions can render the withdrawal invalid or subject to challenge. The rule aims to balance litigant's rights to withdraw with judicial oversight to prevent abuse or unnecessary delays.
In essence, Order 23 Rule 2 facilitates efficient case management but requires strict adherence to procedural safeguards to ensure fairness and legal certainty.
References: - Pooja Purohit W/o Sumer Purohit VS Sumer Purohit S/o Madanlal Purohit - Chhattisgarh - Suddapalli Brahmendra Rao, S/o. Singaiah VS Pittala Anjaneyulu @ Anjaiah, S/o. Peda Kondaiah - Andhra Pradesh - DHANNABAI JOHRI VS KESHRICHAND JOHRI - Nagpur - Chartered Bank VS Bokaro Steel Ltd. - Patna - Kali Prasanna Sil VS Panchanan Nandi Chowdhury - Calcutta - Kulwant Singh VS Rajinder Kaur - Current Civil Cases - Himalya International Limited VS Himachal Pradesh State Electricity Board Limited - Himachal Pradesh - Padmavati Devi VS J. D. A. Jaipur (deceased) - Rajasthan - Hoshiaru VS Kishan Chand - Himachal Pradesh - Dipak Das VS Dharjyodhan Deb - Gauhati
Search Results for "Civil Procedure Code o 23 R 2"
2018 0 Supreme(Chh) 226 • India - Chhattisgarh
GOUTAM BHADURI
Hindu Marriage Act - Section 13-B(2) - Family Courts Act - Section 9 – Civil Procedure Code - Section 23 ... (2) - Reduction/relaxation - divorce petition - Divorce by mutual consent - case are that defendant wife was married to plaintiff ... specified in Section 13-B(2), in addition to the statutory period of one year under Section 13-B(1) of separation of parties is already over before the first motion itself; ... (ii) all efforts for mediation/conciliation including efforts in terms of Order 32-A Rul....
2023 0 Supreme(AP) 896 • India - Andhra Pradesh
SUBBA REDDY SATTI
Withdrawal of Suit - Order XXIII of CPC - [WITHDRAWAL] - [PROPERTY DISPUTE] - [Order XXIII Rule 1, Order XXIII Rule 2] - The court ... discussed the provisions of Order XXIII of CPC, emphasizing that when an application is filed seeking withdrawal of the suit with ... court's decision to allow the withdrawal of the suit without granting leave to file a fresh suit was permissible under Order XXIII of CPC ... 23. With the above direction, this Civil Revision Petition is disposed of. No ....
1928 0 Supreme(Nagpur) 88 • India - Nagpur
the nature of the decree, and the applicability of Section 152 and Order 23 Rule 2 of the Civil Procedure Code. ... partnership accounts - Civil Procedure Code - Section 152, Order 23 Rule 2 - The court discussed the terms of the compromise, ... Rule 2 of the Civil Procedure Code. ... Their Lordships further held that, under Order 23, Rule 2, Civil P.C. the Court was competent to record the compro....
1979 0 Supreme(Pat) 145 • India - Patna
HARI LAL AGRAWAL, S.ALI AHMAD
Code of Civil Procedure, Sec. 23 (2) & 151 read with Sec. 25 (Amended) –Section 23 deals with tral1sfer of a case from a court subordinate ... ... (Paras 2 & 3) ... ... We are afraid, no such order can be passed by this Court under section 23 (3) much less under 151 of the Code. In our view the proper procedure for such an application is now laid down under section 25 of the Code after its amendment by the 1976 Act. ... ... ....
1916 0 Supreme(Cal) 71 • India - Calcutta
LANCELOT SANDERSON, NEWBOULD
Res Judicata - Suit - CPC Section 373 - The court held that the order allowing the plaintiff to withdraw from the suit with leave ... During the appeal, the plaintiff applied to withdraw from the suit under Section 373 of the old CPC, citing inability to produce ... Ratio Decidendi: Section 373 of the old CPC allows withdrawal from a suit only on grounds of formal defect or sufficient grounds ... It is quite true they are not upon the same section, but they are upon Order XXIII, Rule 1, of the CPC which is now in operat....
• India - Current Civil Cases
AMOL RATTAN SINGH
Civil Procedure Code, 1908 – Order 23 Rule 2 – Withdrawal of suit – Any liberty available in terms of Rule ... As already noticed in the order dated 7.3.2019, Mr.Guliani, learned counsel appearing for the petitioners, had brought attention of this Court to Rule 2 of Order 23 of the Code of Civil Procedure, 1908, to submit that the liberty granted by the trial Court overriding any limitation that may arise in ... After considering the matter, in the opinion of this Court, this petition ....
2018 0 Supreme(HP) 592 • India - Himachal Pradesh
SURESHWAR THAKUR
Limitation of the suit 2. Maintainability of the suit in view of load sanction order dated 26.8.1995 3. ... ... (3) Notwithstanding anything contained in rule 2 of Order XXIII of the Code of Civil Procedure, 1908 (5 of 1908), the provisions of sub-section (1) shall apply in relation to a fresh suit instituted on permission granted by the court under rule 1 of that Order where such permission ... ... (2) In computing the period of limitation for any application, the time during which the applicant has been prosecuting w....
1997 0 Supreme(Raj) 187 • India - Rajasthan
SHIV KUMAR SHARMA
Civil Procedure Code – Order 21 Rule 15 & Rule 23 (2) and Rule 105 and 106 – Section 151 – Application for restoration of the execution ... – On the date of dismissal the case was not fixed for hearing – Execution Court did not invoke the provisions of Order 21 Rule 23 ... (2) for six years – Decree is for five joint decree holders – Only one execution case was restored – Held – All execution cases ought ... But it appears that the executing Court did not care to invoke the provisions contained in R. #H....
2018 0 Supreme(HP) 2247 • India - Himachal Pradesh
AJAY MOHAN GOEL
withdrawal - Civil Suit - Order 23 Rule 2-A of the Code of Civil Procedure - [Order 23 Rule 2-A] - The court upheld the withdrawal ... Rule 2-A of the Code of Civil Procedure. ... main issue was whether the withdrawal of the previous suit without notice to the plaintiff was legally sustainable under Order 23 ... sustainable in view of provisions of Order 23 Rule 2-A of the Code of Civil ....
1997 0 Supreme(Gau) 57 • India - Gauhati
H.K.KUMAR SINGH
Finding of the Court: Condition to file fresh suit within 2 months is void as it violates Order XXIII Rule 2 CPC, which ... Condition to file fresh suit within a specific time period is void as it violates Order XXIII Rule 2 CPC, which provides that general ... Trial court imposed condition to file fresh suit within 2 months and pay costs to defendants. ... The aforesaid suit was withdrawn under sub-rule (3) of Rule 1 of Order XXIII CPC with liberty to institute a f....
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