If an application for withdrawal of suit with leave to file a new suit under Order 23 Rule 3 is denied by a Court, then can a subsequent application under Order 23 Rule 1 be submitted for unconditional withdrawal?
Pritam Gupta (Teacher) 12 August 2016
If an application for withdrawal of suit with leave to file a new suit under Order 23 Rule 3 is denied by a Court, then can a subsequent application under Order 23 Rule 1 be submitted for unconditional withdrawal?
Pritam Gupta (Teacher) 12 August 2016
So Plaintiff can first try conditional withdrawal (preferred) and if it fails then he can go for unconditional withdrawal?
No problem with any provission of law?
Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 14 August 2016
Yes that liberty always rests with him since he is the master of the suit.
Augustine Chatterjee
Advocate & Solicitor at Law
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