Law: Civil Procedure Code (V of 1908)

Section: 1,2

(a) Civil Procedure Code (V of 1908)--- ----O.XXIII, Rr.1, 2---”Formal defect” and “sufficient reason”---Scope---Suit for declaration and permanent injunction---Petitioner running a school had challenged construction of shops on the land adjacent to his school---Written statement was submitted by defendants---Petitioner filed application for withdrawal of plaint which was accepted by Trial Court but dismissed by appellate Court---Validity---No formal defect was pointed out by Trial Court in the suit filed by plaintiff/petitioner---Before allowing withdrawal of application, satisfaction of Court regarding formal defect/other sufficient grounds was necessary---Local commission was appointed who had submitted report before such application from plaintiff---Allowing application would cause harm/prejudice to defendants/respondents and would put them in disadvantageous position---Application was silent as to any justification/reasons or formal defect which ought to be removed by filing suit afresh and were not possible to be introduced by way of amendment---Petitioners application for amendment in plaint had already been dismissed by trial Court---Revision petition was dismissed accordingly. (b) Civil Procedure Code (V of 1908)--- ----O.XXIII, Rr. 1, 2---Withdrawal of suit with permission to institute fresh suit---Privilege---”Sufficient grounds”---Scope---Plaintiff had absolute privilege/prerogative to withdraw his suit and /or abandon his claim/part thereof against all/any of defendants at any stage of proceeding---Where Plaintiff had exercised such privilege, he would be precluded from instituting new suit on basis of same cause of action qua same subject matter against same defendant---Sub-rule (2) was exception to sub-rules (1) and (3) that…

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