An adult sole plaintiff wishes to abandon a pending civil suit without reserving liberty to file a…
Order XXIII rule 1(1) allows abandonment after institution. The rule separately addresses the leave required for protected plaintiffs, withdrawal with liberty to sue again,…
Choose your answer
An adult sole plaintiff wishes to abandon a pending civil suit without reserving liberty to file a fresh suit. Under Order XXIII rule 1 of the Code of Civil Procedure, 1908, when may the plaintiff abandon it?
Answer and explanation
Correct answer A
Order XXIII rule 1(1) allows abandonment after institution. The rule separately addresses the leave required for protected plaintiffs, withdrawal with liberty to sue again, and the consent requirement for abandonment by one of several plaintiffs.
Option feedback
Option A
Rule 1(1) permits abandonment any time after institution in the ordinary case described.
Option B
The defendant’s written statement is not a prerequisite.
Option C
Framing of issues is not a statutory threshold for abandonment.
Option D
The plaintiff can abandon after appearance as well. Appearance does not extinguish the power.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Punjab Judicial Services
-
CUET PG Law (LL.M.)
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision