An application for the withdrawal of suit has been filed along with permission for grant of liberty to file fresh suit, in such an application Court can

Option A: allow the application without leave to file fresh suit

Option B: reject or allow the application in toto

Option C: can pass any appropriate order

Option D: All of these

Correct Answer

Option: b

Explanation

Order XXIII of the Code of Civil of Procedure deals with the withdrawal of suits. A suit can be withdrawn any time after the institution of the suit, but not after the judgement is delivered and execution, proceedings are initiated. The withdrawal of a suit takes place with or (1)-without the permission of the Court if such an application is filed along with filing for fresh suit, court can accept or aining reject such application in toto.

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