destroyed by
making an application for dismissing the suit as not pressed
or unconditionally withdrawing the suit at the appellate
stage. It is this question ... taken away by the plaintiff by withdrawal of
the suit unconditionally as the withdrawal was positively to
have the effect of destroying the decree already
fresh suit could only apply where a plaintiff was praying for withdrawal of the suit with liberty to institute a fresh suit. It was also ... defect in ithe suit before making a prayer for its I withdrawal without any reservation. But in a suit like partition suit or some other
suit, that itself, cannot be made the basis for refusing the withdrawal of the suit, if the plaintiffs wanted to withdraw the suit unconditionally ... jurisdiction by refusing such unconditional withdrawal of the suit. When the plaintiff wants to withdraw the suit, the conduct of the plaintiff is not relevant
withdraw the suit with liberty to file a fresh suit.
6. It is now well settled that permission to withdraw a suit with liberty ... right to withdraw from the suit where some vested right had accrued to the defendant. Making a distinction between withdrawal of a suit during
withdrawal of the suit with liberty to file a fresh suit on the same cause of action. In the case before Balasubrahmanyan, J., the suit ... suit with liberty file afresh suit. The failure of the plaintiff to prove his case is no ground for allowing him to withdraw the suit
suit or there are sufficient grounds for allowing the plaintiffs to institute fresh suit. Further, the Court can grant permission to withdraw the suit giving ... considerations it would also enable the plaintiff in a partition suit to withdraw that suit and defeat the defendant's claim which, according
withdrawal of the suit with liberty to bring a fresh suit. In the alternative the plaintiffs also prayed for withdrawal of the suit under Order ... suit it may become apparent that the suit is likely to culminate in a decree against him and he may seek to withdraw the suit
suit was laid, had no
jurisdiction to try the suit, the plaintiff was advised to file an
application to seek permission to withdraw the suit ... suit or part of a claim, the Court may grant the plaintiff permission to
withdraw from such suit with liberty to institute a fresh suit
suit with liberty to file a fresh suit on the same cause of action, the lower Court cannot direct the withdrawal of the suit without ... suit to proceed or allow the entire prayer, that is, permit the withdrawal of the suit with liberty to bring a fresh suit. The reason
reproduce the relevant provision as under:
"XXIII - WITHDRAWAL AND ADJUSTMENT OF
SUITS
1. Withdrawal of suit or abandonment of part of claim ... Interim orders operate only during the pendency of the suit.
Withdrawal of a suit naturally dissolves interim orders. Thus, if a
party while obtaining interim
