Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XXIII, R.1(1), (2), (3) & (4)---Withdrawal of suit conditionally or unconditionally---Principles---Provisions of O.XXIII, R.1(1), C.P.C. allow unconditional withdrawal of the suit or abandonment of part of the claim by plaintiff---Conditional withdrawal for the reasons of `formal defect' or `other sufficient grounds' with permission to file a fresh suit for the subject-matter of the suit is governed by O.XXIII, R.1(2), C.P.C.---Provision of O.XXIII, R.1(3), C.P.C. provides that where the plaintiff withdraws a suit unconditionally under R.1(1) of O.XXIII, C.P.C. or withdraws from a suit or abandons part of claim, without court's permission under R.1(2) of O.XXIII, C.P.C., he shall be liable for such costs as the court may award and shall be precluded from instituting any fresh suit in respect of such subject-matter or such part of the claim---Court has no jurisdiction under R.1(4) of O.XXIII, C.P.C. to permit one of several plaintiffs to withdraw without consent of the others---Suit terminates in both the situations i.e. under R.1(1)(2) of O.XXIII, C.P.C., consequences, however, are different---Under R.1(1) read with R.1(3) of O.XXIII, C.P.C., on an unconditional withdrawal of the suit, the plaintiff loses the right to file a fresh suit on the same subject-matter or claim---Upon withdrawal with leave of the court under R.1(2) of O.XXIII, C.P.C., the plaintiff can institute a fresh suit in respect of the subject-matter of the same suit or claim---In the present case, the plaintiffs initially sought withdrawal of suit with permission to refile the same, but after filing a fresh suit for the part of the suit-land, the original suit was sought to be unconditionally withdrawn under R.1(1), O.XXIII, C.P.C.---Request of withdrawal was contested---Trial Court, without adverting to, dealing with or deciding the objections in the contesting reply and counter affidavit, proceeded routinely and mechanically to dismiss the suit as unconditionally withdrawn by holding objections to be of "no substance"---Trial Court, was supposed to comprehend and consider the objections irrespective of the fact that objector was absent. (b)…

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