The maxim 'invito beneficium non datur' (The law confers upon a man no rights or benefits which he does…
The maxim explains the plaintiff’s power to abandon a suit or part of a claim under Order XXIII rule 1: a person need not pursue a benefit or remedy he does not want.…
Choose your answer
The maxim 'invito beneficium non datur' (The law confers upon a man no rights or benefits which he does not desire) relates to which of the following provisions under the CPC, 1908?
Answer and explanation
Correct answer D
The maxim explains the plaintiff’s power to abandon a suit or part of a claim under Order XXIII rule 1: a person need not pursue a benefit or remedy he does not want. Withdrawal without permission to bring a fresh suit carries the statutory bar in rule 1(4). Sarguja Transport Service expressly connects this maxim with Order XXIII rule 1.
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