Response

Under the scheme of the Code of Civil Procedure, 1908 (“CPC”), a plaintiff, who has instituted a suit before the court, also has the right to withdraw from such suit. In such cases, the plaintiff does not require the leave of the court for withdrawing from such a suit, as long as the plaintiff does not intend to institute the suit afresh.

Order 23 of the CPC governs the rules pertaining to the withdrawal of a suit by a plaintiff. As per Order 23, Rule 1(1) of the Civil Procedure Code,1908, a plaintiff may abandon his suit or abandon a part of his claim at any time after the institution of a suit. As soon as an application is filed under this sub-rule, the withdrawal of the suit is complete and such withdrawal is not dependent on the court’s order. The court’s permission is only required in case the plaintiff desires to institute a fresh suit for the same cause of action.

As per this to withdraw your civil suit you will have to file an application under Order 23, Rule1(1) of the Civil Procedure Code,1908 in the same court where you have filed the suit. Yes, you will have to do it on te next hearing of the case.

Reference: Order 23, Rule 1(1) of the Civil Procedure Code,1908

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LAWAYZ-2023-141