Skip to main content

Can no orders be given in a withdrawal suit

Introduction 

There are instances when the court gives interim orders in a petition and later on if it is withdrawn, no orders can be given in that particular suit. This is a part of civil law and has been provided under Order 23 of the Code of Civil Procedure, 2018. Let us understand the concept in detail. 

Order 23 Rule 1 CPC and withdrawal of suit 
The provisions regarding withdrawal of suit are mentioned under Order 23 Rule 1 CPC. It has been mentioned in it that after withdrawal of suit ,no orders can be passed in the particular case. The defendant cannot compell the plaintiff to file a fresh suit. The defendant has one relief that he can ask the plaintiff to give the expenses which were given by him. 

Will the benefits gained by plaintiff in interim order vanish after withdrawal 

This is a question of great importance in such withdrawal of suit. The answer is that benefits of interim orders will be enjoyed till the suit is not withdrawn from court. Here one thing requires keen attention that Order 23 Rule 1 specifically does not have any provisions regarding restoring the benefits gained by the parties after withdrawal of suit. 

Order 23 Rule 1 of Code of Civil Procedure, 2018 
Withdrawal of suit or abandonment of part of claim - 
At any time after the institution of a suit, the plaintiff may as against all or any of the defendants abandon his suit or part of his claim 
Provided that where the plaintiff is a minor or other person to whom the provisions contained in rules 1 to 14 or Order XXXII extend, neither the suit nor any provisions of the claim shall be abandoned without the leave of the Court. 

Relevant Judgements

1) E. D. Charles v G. Selvaraj (2010)
C. R. P(PD)No. 3811of 2010, Madras High Court 
In this case the question was before the court that whether the order of injunction be extended when the plaintiff had already filed a memo for withdrawal of suit 
Therefore, it was held that when the memo has been filed for withdrawal of suit, the court has no jurisdiction to extend the injunction when suit is withdrawn by plaintiff through filing memo in court. 

2) Sanjay Sharma v Ajay Sharma ( MANU/DE/0255/2013)High Court of Delhi 
In this case, the question which was posed before the court was whether the plaintiff be able to restore the benefits which he got from the interim order 
It was held that the principle of law is well established that where proceedings filed by any person has come to an end by withdrawal or any other reason, the benefits gained also come to an end at that very point. 

Conclusion 
Hence, it is well settled that no order can be passed when the suit is withdrawn from court. The defendant can claim cost from the plaintiff. The benefits gained by the plaintiff cease as and when the suit is completely withdrawn from the court. 

Written by Komal Nagarkar, feel free to comment 
For more posts like this, please follow my blog 

Labels:

Comments

Post a Comment

Popular posts from this blog

SOURCES OF INDIAN CONSTITUTION(constitution of India in hindi)

SOURCES OF INDIAN CONSTITUTION(constitution of India in Hindi)                            The sources of Indian Constitution are as follows  : -   1. BRITAIN  Single citizenship, Parliamentary form of government, rule of law ,lawmaking procedure , Winning elections on the basis of majority vote 2. U.S.A Fundamental rights, supremacy of Constitution, independent judiciary, Pavel of judicial review, Post of president, election of President, post ofvice president, impeachment of President, Financial emergency, idea of preamble  3. GERMANY  power of president during emergency 4. RUSSIA Fundamental duties, idea of equal justice 5. JAPAN Procedure established by law  6. IRELAND Directive principles of state policy, election process of president, nomination of the twelve members in Rajya Sabha , emergency, Awards and honours given  by President. 7. FRANCE Idea of a republican state, idea of...
Post a Comment
Read more

Basic Facts about CAA which a layman should know

Introduction  Citizenship Amendment Act (CAA) is an amendment act of the old Citizenship Act, 1955. It is specially amended for the citizens who are facing religious persecution and have come from Pakistan, Bangladesh and Afghanistan. It is designed for all sects and religions. Indian Muslims are included in this act because above being a Muslim, they are citizens of India.  Objective  The basic objective behind the amendment of the Act is to provide citizenship to those migrants who are facing religious persecution and to remove all illegal migrants from the country. It gives protection to the minority refugees.  To whom the Act is applicable?  It is applicable to all sects and religions including Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who are facing religious persecution from Pakistan, Afghanistan and Bangladesh to seek Indian Citizenship.  Any relation to Muslims  It does not harm the Muslims who are already genuine In...
9 comments
Read more

Air Pollution

Air pollution is the contamination of the air we breathe, indoors or outdoors, by any chemical, physical or biological agent that is potentially threatening to human and ecosystem health. The pollutants with the most robust evidence for public health concern include particulate matter (PM), ozone (O₃), nitrogen dioxide (NO₂) and sulfur dioxide (SO₂) and carbon monoxide (CO). The health risks associated with PM smaller than or equal to 2.5 microns (µm) in diameter (PM₂.₅) are of particular public health relevance. PM₂.₅ and PM₁₀ are capable of penetrating deep into the lungs and PM₂.₅ can even enter the bloodstream, primarily resulting in cardiovascular and respiratory impacts. In 2013, outdoor air pollution and PM were classified as carcinogenic by WHO’s International Agency for Research on Cancer (IARC). Air pollution originates from numerous sources of emission, both natural and anthropogenic (resulting from human activity). The main sources of anthropogenic air pollution can vary ge...
Post a Comment
Read more