Or.23 , Rule 1(3) C.P.C. -No permission to withdraw to file fresh suit - unless the plaintiff has to satisfy at least one of the two requirements mentioned in Rule 1(3) of Order XXIII CPC. -2015 Telagana & A.P.MSKLAWREPORTS
Under Order XXIII Rule 1(3) CPC, where the Court is satisfied that
by reason of some formal defect or that there are sufficient grounds
for allowing the plaintiff to institute a fresh suit for the subject matter of
a suit or part of a claim, it may permit the plaintiff to withdraw the suit
with liberty to institute a fresh suit in respect of the subject matter of
such suit or such part of the claim.
In order to succeed in an application filed for withdrawal of the
suit with liberty to file a fresh suit, the plaintiff has to satisfy atleast one
of the two requirements mentioned in Rule 1(3) of Order XXIII CPC.
The petitioner has failed much less proved that the suit has suffered
from formal defect. Hence, the requirement under Order XXIII Rule
1(3)(a) is not satisfied. - 2015 Telagana & A.P. msk law reports.