Question

Which of the following statements are correct with reference to withdrawal and abandonment of suits under the Code of Civil Procedure, 1908? I. A plaintiff may withdraw or abandon a suit subject to the provisions of law. II. Institution of a fresh suit on the same cause of action requires permission of the court. III. Withdrawal of a suit without permission of the court to institute a fresh suit bars a subsequent suit on the same cause of action. IV. The court must grant permission whenever such request is made. Which of the above statements are correct?

• A. I, II, III and IV
• B. I, II and III
• C. I, III and IV
• D. II, III and IV

Hint:

Order XXIII Rule 1: Withdrawal is a choice, but fresh litigation is a privilege that requires Court permission. The Court's discretion is key here, not the plaintiff's whim!

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
Order XXIII, Rule 1 of the CPC governs the withdrawal and abandonment of suits.

Step 2: Detailed Explanation:
- Statements I, II, and III are correct summaries of the law: A plaintiff can withdraw a suit (I), permission is required for a fresh suit on the same cause of action (II), and failing to obtain such permission bars a fresh suit (III).
- Statement IV is incorrect because the court has judicial discretion. Permission is not granted as a matter of right but is based on "sufficient grounds" or a "formal defect."

Step 3: Final Answer:
Statements I, II, and III are correct. Option (B) is the correct answer.