such suit or such part of the claim with liberty to institute
a fresh suit in respect of the subject-matter of such suit ... plaintiff can abandon a suit or a part of the
suit reserving to himself a right to bring a fresh suit, nor can the
defendant
either under sub-section (1) or sub-section (2). (3) Where any suit or application, including an application under the Arbitration and Conciliation ... application of any of the parties to the suit, withdraw such suit or application from the court before which it is pending and transfer
such suit or such part
of the claim with liberty to institute a fresh suit in
respect of the subject-matter of such suit ... withdraw the suit, at any time, after its
institution. Once the suit is withdrawn or any part of the
suit is abandoned against
case may be, having territorial jurisdiction over such suit. (2) In the event that such suit is not transferred in the manner contemplated ... application of any of the parties to the suit, withdraw such suit pending before the civil court and transfer the same for trial or disposal
Court-Plaintiff whether can withdraw suit
and have liberty to file fresh suit.
HEADNOTE:
In a suit for partition of property between two joint owners ... plaintiff for withdrawing the
suit with liberty to institute a fresh suit. The Judge held
that the suit could be withdrawn because no preliminary
decree
making the withdrawal effective or even after the withdrawal it is not even required to pass any order. Withdrawal of a suit is itself ... revoke the withdrawal. As we said earlier, certain consequences arise from the withdrawal which prevent his revoking the withdrawal, the withdrawal is complete or effective
, suit may only be withdrawn with permission
to bring a fresh suit when the Court is satisfied that the suit must fail for
reason ... file a fresh suit under the same cause of
action. Though, liberty may lie with the plaintiff in a suit to withdraw the suit
prayer for withdrawing the suit with liberty to institute a fresh suit in respect of the subject matter of such suit and kept no reservation ... withdraw the suit at any time. Since an appeal was continuation of the suit, the right of the plaintiff to withdraw from the suit inheres
directed against an order refusing leave to the plaintiffs to withdraw their suit and transposing the defendants to the category of plaintiffs.
2. It appears ... passed, and in that respect a partition suit is similar to a suit for accounts -- the suit can be withdrawn by the plaintiffs under
either under sub-section (1) or sub-section (2). (3) Where any suit or application, including an application under the Arbitration and Conciliation ... application of any of the parties to the suit, withdraw such suit or application from the court before which it is pending and transfer
