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 ... claim becomes necessary if the plaintiff intends to institute a fresh suit for recovery of the claim which is being abandoned in the suit which
Election Petition-Claim for seat-Recrimination, when right
accrues-Abandonment of claim for seat, if permissible-
Whether abandonment a affects right of recrimination- Code ... abandon a part of his claim and that A
having abandoned his claim for the seat B was no longer
entitled to recriminate
Held, that
Arbitration Agreement, and even if there was one Group A had abandoned its claim to Arbitration having submitted the substance of the dispute before ... further pleaded that Group-A had by its conduct abandoned its claim to arbitration and had acquiesced to the jurisdiction of the Company Law Board
accordingly. He wants to abandon these prayers as well as against the defendant Corporation also. This abandonment of the claim for possession of the additional ... enforce one right only abandoning the other. In the instant case the plaintiff could have abandoned its claim arising out of the infringement
Whether a person against whom a suit has been withdrawn and claim abandoned remains a party to the suit?
(b) Whether a decree passed against ... been abandoned. In such a situation, once the plaintiffs in the earlier suit had withdrawn their suit against Bishan Singh and abandoned their claim
suit) can at any stage abandon his suit or abandon a part of his claim. In fact, there is no specific provision prohibiting amendment ... against all or any of the defendants abandon his suit or abandon a part of his claim. Order 4 Rule 1 provides for institution
abandonment must be
established. Abandonment can be either express or implied.
Abandonment cannot be readily inferred. One can say that
there is an implied abandonment ... about the abandonment. In the facts of
the case, there was no abandonment either express or
implied. In a case where the claim is abandoned
litigate
in the civil forum.
(vi) Reviving or re-agitating claims abandoned by withdrawal of C.S.
598/2015 through arbitration offends the principles ... consequences of
prolonged delay, (6) the bar against revival of abandoned claims
under Order XXIII Rule 1 CPC and the principle of constructive res
judicata
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 ... includes
the cause of action and the relief claimed. Even if part of the
claim abandoned in the first suit is found
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 ... enables the plaintiff to
abandon his suit or abandon a part of his claim against all or
any of the defendants. Order XXIII Rule
