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HC upholds order on suit withdrawal
Highlights
Justice CV Nagarjuna Reddy of the High Court at Hyderabad ruled that a person is entitled to conditionally withdraw his or her own suit with the condition to file a fresh suit only if the Court is satisfied that by reason of some formal defect or that they are sufficient grounds for allowing the plaintiff to institute a fresh suit. He made clear that it is not a matter of right to seek permission to file a fresh suit on withdrawing the earlier suit. The judge referred to the provisions of Order 21 CPC.
Hyderabad: Justice CV Nagarjuna Reddy of the High Court at Hyderabad ruled that a person is entitled to conditionally withdraw his or her own suit with the condition to file a fresh suit only if the Court is satisfied that by reason of some formal defect or that they are sufficient grounds for allowing the plaintiff to institute a fresh suit. He made clear that it is not a matter of right to seek permission to file a fresh suit on withdrawing the earlier suit. The judge referred to the provisions of Order 21 CPC. He upheld the order of the civil court and refused to interfere with the order refusing permission to the plaintiff to withdraw her suit for the third time and file a fresh suit.
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