Supreme Court Rules, 2013 | Part III - Original Jurisdiction

Order XXXV - Withdrawal and Adjustment of Suits

Order XXXV of the Supreme Court Rules, 2013 governs withdrawal and adjustment of original suits before the Supreme Court of India. It incorporates the procedural safeguards in Order XXIII, Rules 1, 2 and 3 of the Code of Civil Procedure, 1908 (CPC), and imposes an additional restriction on filing a fresh suit where withdrawal was permitted subject to conditions.

Meaning and scope of withdrawal and adjustment

Withdrawal of a suit means that a plaintiff elects to abandon the suit or part of the claim, subject to the law governing permission to institute fresh proceedings. Adjustment of a suit refers to the lawful settlement or satisfaction of the subject matter, which may be recorded by the Court as a compromise under Order XXIII, Rule 3 of the CPC.

These provisions apply to suits instituted in the Supreme Court's original jurisdiction, including suits within Article 131 of the Constitution where maintainable. They are not a general procedure for withdrawing every appeal, writ petition or special leave petition.

Rule 1: Application of Order XXIII, Rules 1, 2 and 3 CPC

Substance of Order XXXV, Rule 1: Rules 1, 2 and 3 of Order XXIII in the First Schedule to the Code of Civil Procedure, 1908, concerning withdrawal and adjustment of suits, apply to suits instituted before the Supreme Court.

Order XXIII, Rule 1 - Withdrawal and abandonment

A plaintiff may abandon a suit or part of a claim in accordance with Rule 1. Where the plaintiff seeks permission to bring a fresh suit on the same subject matter, the Court must be satisfied that the suit would fail by reason of a formal defect or that there are other sufficient grounds for allowing a fresh suit. Permission may be subject to terms, including costs. Withdrawal without such permission ordinarily bars a fresh suit on the same subject matter or abandoned claim. Special safeguards apply where the plaintiff is a minor or other person covered by the rule, and consent requirements apply in specified multi-plaintiff situations.

Order XXIII, Rule 2 - Limitation unaffected

Where leave to institute a fresh suit is granted, limitation is calculated as if the earlier suit had not been instituted. Permission to file again does not itself extend or suspend the statutory limitation period.

Order XXIII, Rule 3 - Compromise or satisfaction

Where a suit is adjusted wholly or in part by a lawful agreement or compromise in writing and signed by the parties, or the defendant satisfies the plaintiff in respect of the whole or part of the subject matter, the Court may record the compromise or satisfaction and pass a decree in accordance with the applicable rule. A disputed compromise requires judicial determination; an agreement void or voidable under the Indian Contract Act, 1872 is not lawful for this purpose.

Rule 2: Conditions before instituting a fresh suit

Substance of Order XXXV, Rule 2: No new suit concerning the same subject matter may be brought until the terms or conditions, if any, imposed by the order permitting withdrawal of the previous suit or granting leave to bring a fresh suit have been complied with.

This is an additional procedural restriction. A party granted liberty to file again must first comply with the conditions imposed by the Supreme Court, such as payment of costs where ordered. The grant of liberty does not dispense with jurisdictional requirements, limitation, or other applicable legal bars.

Practical procedure before the Supreme Court

Identify whether the proceeding is an original suit and specify the suit or claim proposed to be withdrawn or settled.
Where a fresh suit is contemplated, expressly seek leave and explain the formal defect or other sufficient grounds under Order XXIII, Rule 1.
Disclose any settlement, provide the written and signed compromise where required, and identify the relief or decree sought.
Comply with the Court's conditions before instituting fresh proceedings, and independently examine the limitation period.
Follow applicable Supreme Court filing, affidavit and procedural directions in addition to Order XXXV.

Relevant legal provisions and official resources

Article 131, Constitution of India: confers exclusive original jurisdiction in specified disputes involving the Union and States, subject to constitutional conditions and exclusions. Order XXIII CPC: governs withdrawal, abandonment, limitation consequences, compromise and satisfaction of suits. Order XXXV, Supreme Court Rules, 2013: applies the specified CPC provisions to Supreme Court suits and regulates fresh suits following conditional withdrawal.

Supreme Court of India India Code - Constitution and CPC e-Gazette of India

For actual filing, consult the currently operative Supreme Court Rules, amendments, practice directions and Registry requirements.