Site navigation

A plaintiff applies under Order XXIII, Rule 1(3) of the Code of Civil Procedure, 1908 to withdraw a…

A request to withdraw only with liberty to file a fresh suit is composite. The court can grant the request if a ground in Rule 1(3) is established or refuse the request and…

Choose your answer

A plaintiff applies under Order XXIII, Rule 1(3) of the Code of Civil Procedure, 1908 to withdraw a suit only if granted liberty to file a fresh suit on the same subject matter. What can the court do on that application?

Select one answer
Answer and explanation

Correct answer B

A request to withdraw only with liberty to file a fresh suit is composite. The court can grant the request if a ground in Rule 1(3) is established or refuse the request and leave the suit pending. The Bombay High Court applied the rule against splitting such a request in Mario Shaw v. Martin Fernandez (1995).

Option feedback

Option A

Incorrect. The application makes withdrawal conditional on liberty to file afresh. The court cannot treat it as a request for unconditional withdrawal.

Option B

Correct. The court may grant withdrawal with liberty if the statutory grounds are met. If it refuses the composite application, the suit remains pending.

Option C

Incorrect. Rule 1(3) requires the court to be satisfied that the suit must fail because of a formal defect or that other sufficient grounds exist.

Option D

Incorrect. The court must decide the composite request as a whole and must be satisfied of a statutory ground before granting liberty.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic