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Showing posts from May 1, 2020

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Introduction   There are instances when the court gives interim orders in a petition and later on if it is withdrawn, no orders can be given in that particular suit.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 The answer is that benefits of interim orders will be enjoyed till the suit is not withdrawn from