A plaintiff due to subsequent events has lost the interest in his suit. He has also noticed that due to the mistake of his Advocate the suit also qualifies to be rejected under Order 7 Rule 11(d). So instead of going for Withdrawal with or without leave to file fresh suit, he prefers plain rejection of his plaint and start afresh.
Now my questions are:
1. Can plaintiff file for rejection of his own plaint under Order 7 Rule 11(d)?
2. Can plaintiff put an alternate plea in his petition that if Court does not approve Rejection then Court can opt for say unconditional Withdrawal? This will save him from filing another petition if rejection is not granted.
3. Any other provision of law of which he can make use of? Any pertinent case in said matter would also be of great help.
Thanks.
