Discuss legal provisions ..... withdrawal of suit. Whether Transposition of defendants as plaintiffs may be permitted?....
Find the answer to the mains question only on Legal Bites.
Question: Discuss legal provisions relating to withdrawal of suit. Whether Transposition of defendants as plaintiffs may be permitted? If so, when? [MPJS 2021]Find the answer to the mains question only on Legal Bites. [Discuss legal provisions relating to withdrawal of suit. Whether Transposition of defendants as plaintiffs may be permitted? If so, when?]AnswerUnder Order XXIII of the Code of Civil Procedure (CPC), 1908, provisions regarding the withdrawal of suits are outlined. The...
Question: Discuss legal provisions relating to withdrawal of suit. Whether Transposition of defendants as plaintiffs may be permitted? If so, when? [MPJS 2021]
Find the answer to the mains question only on Legal Bites. [Discuss legal provisions relating to withdrawal of suit. Whether Transposition of defendants as plaintiffs may be permitted? If so, when?]
Answer
Under Order XXIII of the Code of Civil Procedure (CPC), 1908, provisions regarding the withdrawal of suits are outlined. The plaintiff has the right to withdraw a suit at any stage of the proceedings; however, this right is subject to certain conditions:
Withdrawal Without Permission (Order XXIII, Rule 1(1)): A plaintiff may withdraw a suit or abandon a part of the claim unconditionally. In such cases, the plaintiff may not file a fresh suit on the same cause of action unless granted permission by the court.
Withdrawal With Permission (Order XXIII, Rule 1(3)): If the plaintiff withdraws the suit with the intention to institute a fresh suit on the same subject matter, they must seek permission from the court. Such permission is granted when the court finds that the suit suffers from a formal defect or there are other sufficient grounds for the withdrawal. Once granted, the plaintiff may file a new suit on the same cause of action.
Effect of Withdrawal: Once the suit is withdrawn unconditionally without permission to file a fresh suit, the plaintiff cannot bring another suit on the same cause of action.
Important Mains Questions Series for Judiciary, APO & University Exams
- CPC Mains Questions Series: Important Questions Part – I of X
- CPC Mains Questions Series: Important Questions Part – II of X
- CPC Mains Questions Series: Important Questions Part – III of X
- CPC Mains Questions Series: Important Questions Part – IV of X
- CPC Mains Questions Series: Important Questions Part – V of X
- CPC Mains Questions Series: Important Questions Part – VI of X
- CPC Mains Questions Series: Important Questions Part – VII of X
- CPC Mains Questions Series: Important Questions Part – VIII of X
- CPC Mains Questions Series: Important Questions Part – IX of X
- CPC Mains Questions Series: Important Questions Part – X of X