M/S Transcore vs Union Of India & Anr on 29 November, 2006
Equivalent citations
respect of the same sub-
ject matter.
Civil Procedure Code, 1908: Order XXIII, Rule 1--Ap-
plicability of to cases of withdrawal of writ petitions ... HEADNOTE:
Sub-rule (1) of rule 1, Order XXIII of the Code of Civil
Procedure ) permits a plaintiff to abandon his suit against
taken to the order that it was premature. It
was the further submission, of the learned counsel that Order XXIII Rule
1(3) vests wide ... plaintiff to avoid the bar in Order II Rule 2 and Section 11
CPC.
The provision in Order XXIII Rule 1 CPC is an exception
order of the Munsif, and held that
the suit filed by the appellant was not
maintainable being barred in terms of Order XXIII
Rule ... maintainable. It is a brief order in which the
High Court referred to the provisions of Order
XXIII Rule 3-A, and relying upon
SCALE (2)1338
ACT:
Civil Procedure Code, 1908: order XXIII Rule 3-
Settlement arrived at between parties in appeal-Compromise
not reduced in "writing ... contended on behalf of the appellant that
the requirements of order XXIII Rule 3 Civil Procedure Code
were mandatory, that the claim in the suit
orders impugned in this
appeal, dismissed IA No.1 of 2011 filed by the appellant without even
adverting to the provisions of Order XXIII Rule ... also orders
passed by the City Civil Court rejecting the plaint in which the Trial
Court had not only placed reliance upon Order XXIII Rule
therefore, the order of the learned single Judge
accepting the compromise not signed by the parties was in
violation of Order XXIII Rule ... jurisdiction to
pass appropriate orders. Such power can neither be
controlled nor affected by the provisions of Order XXIII Rule
3 CPC . It would
plaint in exercise of powers under Order VII Rule 11 CPC
holding that in view of Order XXIII Rule 3A CPC , no independent suit
would ... sought by drafting multiple
prayers in order to avoid the bar to suit envisaged under Order XXIII
Rule 3A of CPC , which in other words
paid at the time of the
signing of the application under Order XXIII Rule 3 of the Code
of Civil Procedure and the balance ... mean that the orders dated
18th March, 1993 and 27th May, 1993 were not in keeping with
the provisions of Order XXIII Rule 3. What
filed the
application for withdrawal of the suit in terms of Order XXIII Rule 1 (3) CPC .
The District Munsif allowed the application filed ... property and hence the appellants had to file an application under
Order XXIII Rule 1 (3) CPC and the trial court was right in allowing