Question

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

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 A suit can be withdrawn any time after the institution of the suit, but not after the judgement is delivered and execution, proceedings are initiated.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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