(2018) 139 RevDec 574 ::(2018) 3 CivLJ 22 ::(2018) 2 All RentCas 324 ::(2018) 1 CivilCourtC 292 ::(2018) 1 RecCivR 200 ::(2017) 13 Scale 756 ::AIR 2018 SC (Civil) 425

Supreme Court Of India

(From : Allahabad)*

Hon'ble Judge(s): R. K. Agrawal, Abhay Manohar Sapre , JJ

(A) Civil P.C. (5 of 1908) , O.23 R.1— Withdrawal of suit - Application for - Scope. When plaintiff files application under O. 23, R. 1 and prays for permission to withdraw suit, whether in full or part, he is always at liberty to do so and in such case, defendant has no right to raise any objection to such prayer being made by plaintiff except to ask for payment of cost to him by plaintiff as provided in sub-rule (4). Reason is that while making a prayer to withdraw suit under R. 1(1), plaintiff does not ask for any leave to file a fresh suit on same subject-matter. Mere withdrawal of suit without asking for anything more can, therefore, be always permitted. In other words, defendant has no right to compel plaintiff to prosecute suit by opposing withdrawal of suit sought by plaintiff except to claim cost for filing a suit against him. However, when plaintiff applies for withdrawal of suit along with a prayer to grant him permission to file a fresh suit on same subject-matter as provided in R. 1(3), then in such event, defendant can object to such prayer made by plaintiff. In such event, it is for Court to decide as to whether permission to seek withdrawal of suit should be granted to plaintiff and, if so, on what terms as provided in R. 1(3).(Para 24 25 26) ....