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plaintiff's legal representatives that under Order 23 Rule 1 there was an unqualified right to withdraw a suit except ... power under s. 2 of ordering sale can withdraw the suit under Order 23, Rule 1 of the Civil Procedure
Supreme Court of India
- Cites 12 - Cited by 35 -
1973 AIR 643
Code of Civil Procedure is found in Order 23, Rule 1. It is sufficient for the purpose of this case ... file a fresh suit is governed by Order 23, Rule 1(3)(f) the Code of Civil Procedure only
Madras High Court
- Cites 25 - Cited by 7 -
(1992) 2 MLJ 563
- Srinivasan
application for withdrawal of the suit under Order 23 Rule 1(1) without seeking permission to file a fresh suit ... Order 22 Rule 10. Whoever is entitled to be but has not been brought on record under Order 22 Rule
Allahabad High Court
- Cites 10 - Cited by 5 -
AIR 1963 All 368
- Desai
provisions of Order 2 Rule 2 and Order 23 Rule 1(3) of the Code of Civil Procedure by reason ... institution of the instant suit under Order 23 Rule 1(3) and Order 2, Rule 2 of the Code
Calcutta High Court
- Cites 51 - Cited by 3 -
AIR 1959 Cal 715
- P Mallick
made a petition to the trial Court under Order 23, Rule 1. C.P.C. for leave to withdraw ... permitting withdrawal of the suit under Order 23, Rule 1(3), C.P.C. Mr. R. C. Misra, appearing
Orissa High Court
- Cites 12 - Cited by 2 -
AIR 1986 Ori 1
- K Mohapatra
under Rule 32 of the Writ Jurisdiction (Punjab and Haryana) Rules, 1976 (hereinafter referred to as the Writ Rules ... that in view of the provisions of Order 23, Rule 1 of the Civil
Punjab-Haryana High Court
- Cites 21 - Cited by 1 - P C Jain
written statement regarding the bar under Order 23, Rule 1 (4) of the Code of Civil Procedure and, therefore ... learned Single Judge. The bar under Order 23, Rule 1 (4) and Section 11 of the Code of Civil Procedure
Andhra High Court
- Cites 14 - Cited by 1 -
1998 (2) ALT 513
- K S Shrivastav
plaintiff. Order 9, Rule 9 bars fresh suit in case suit is dismissed under Rule 8 of Order ... fresh suit is also barred under Order 22, Rule 9 and Order 23, Rule 1(4), C.P.C. Legislative
Rajasthan High Court
- Cites 12 - Cited by 1 -
AIR 2003 Raj 319
- P Tatia
under Order 23 Rule 1 of the Code of Civil Procedure seeking permission of this Court to withdraw the present ... Whether the application filed by D.1 under Order 23 Rule 1 C.P.C. can be allowed
Andhra High Court
- Cites 20 - Cited by 1 -
2005 (3) ALD 853
- D Varma
that the second suit was barred under Order 23, Rule 1. then the matter was taken to the Lahore High ... following decisions and contended that the bar under Order 23, Rule 1(4) applies only where a second suit
Madras High Court
- Cites 20 - Cited by 1 -
(1998) 1 MLJ 468
- S A Wahab
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