ORDER XXIII WITHDRAWAL AND ADJUSTMENT OF SUIT - RULE 1, 2, 3 OF CODE OF CIVIL PROCEDURE 1908

What is Withdrawal of suit or abandonment of part of claim? Rule 1 of Order XXIII of Code of Civil Procedure 1908

Withdrawal of suit or abandonment of part of claim are defined under Rule 1 of Order XXIII of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 1 Order XXIII of Code of Civil Procedure 1908 "Withdrawal of suit or abandonment of part of claim"

(1) At any time after the institution of a suit, the plaintiff may as against all or any of the defendants abandon his suit or abandon a part of his claim :

Provided that where the plaintiff is a minor or other person to whom the provisions contained in rules 1 to 14 of Order XXXII extend, neither the suit nor any part of the claim shall be abandoned without the leave of the Court.

(2) An application for leave under the proviso to sub-rule (1) shall be accompanied by an affidavit of the next friend and also, if the minor or such other person is represented by a pleader, by a certificate of the pleader to the effect that the abandonment proposed is, in his opinion, for the benefit of the minor or such other. person.

(3) Where the Court is satisfied,-

(a) that a suit must fail by reason of some formal defect, or

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