Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O.XXIII R. 1---Withdrawal of suit by co-plaintiff---Effect---Co-plaintiff has a right to withdraw from a suit unconditionally---If, however, the cause of action is joint he should be allowed to withdraw as a plaintiff but should be transposed as a defendant so that the suit may not become improperly constituted. (b) Civil Procedure Code (V of 1908)--- ----O.XXIII, R. 1 (4)---Partition suit---Withdrawal of suit by co-plaintiff--­Provision of O.XXIII, R.1 (4), C.P.C. being not applicable to an order of withdrawal of suit by co-plaintiff, suit in question or a fresh suit on the basis of independent cause of action by a co-sharer in a partition suit will not be barred. (c) Civil Procedure Code (V of 1908)--- ----0.1, R.10---Court is empowered to add or delete a party to a lis suo motu or on the oral or written application of a party. (d) Administration of justice--- ---- Proceedings are meant for advancement of justice and not to entrap the litigants to a blind corner. (e) Civil Procedure Code (V of 1908)--- ----O.VI, R. 17---Amendment of pleadings---Scope---Amendment of pleadings to be liberally allowed unless the proposed amendment results in substitution of cause of action, or facts already within the knowledge of plaintiff at the time of filing of the suit not pleaded originally without sufficient cause are sought to be pleaded, which will make it altogether a new suit. (f) Civil Procedure Code (V of 1908)--- ----0.I, R.10---Impleadment of parties---Plaintiffs/petitioners having deleted a party to the lis on the ground that the said party was neither proper nor necessary party and no .relief was claimed against such party, could not subsequently ask for impleadment of such person as a party to the suit. (g) Civil Procedure Code (V of 1908)--- ----S. 11---Res judicata, principles of---Application---Principles of res judicata apply amongst the co-defendants as well provided the issue of conflict of interest is finally decided amongst them with notice and knowledge (implied or express) to co-defendants against whom the principle of res judicata is being invoked. (h) Civil Procedure Code (V of 1908)--- ----O.IX,…

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