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Filed a case now wish to withdraw it can i do it without going court
16-Aug-2023 (In Civil Law)
Sir, If I have filed one case in bombay high court and my case is in connecting matter with another case of someone who filed his case for same reason like me. Now I have to take my case back. But I dont want to go in court. Is it possible for my advocate to take back my case without my presence in court. And is it possible that this connected case person can close my case alone.
you should mention the nature of case.
Withdrawal of a suit by plaintiff—A plaintiff is at liberty to withdraw from a suit at any
time (subject to any order as to costs that the Court may pass), but if he wishes to reserve his
right to sue again, he must obtain permission of the Court under Order XXIII, Rule I, Civil
Procedure Code. Permission can only be granted on the grounds specified in the rule. The words
“other sufficient grounds” have been interpreted to mean grounds of the same nature as the
grounds specified in clause (a) of sub-rule 2 of Rule 1 of the Order. The mere fact that plaintiff
has not been able to produce adequate evidence to establish his case is no justification for
granting permission under this rule
Withdrawal of a suit by plaintiff—A plaintiff is at liberty to withdraw from a suit at any
time (subject to any order as to costs that the Court may pass), but if he wishes to reserve his
right to sue again, he must obtain permission of the Court under Order XXIII, Rule I, Civil
Procedure Code. Permission can only be granted on the grounds specified in the rule. The words
“other sufficient grounds” have been interpreted to mean grounds of the same nature as the
grounds specified in clause (a) of sub-rule 2 of Rule 1 of the Order. The mere fact that plaintiff
has not been able to produce adequate evidence to establish his case is no justification for
granting permission under this rule
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