Hulas Rai Baij Nath v Firm K.B. Bass & Co. (1968)

CPC & Limitation Act · Execution of Decrees — Modes, Attachment & Sale (ss.36–74, O.21)

Facts.

A plaintiff withdrew a suit without obtaining the court’s permission to institute a fresh suit and later sought to sue again on the same cause of action.

Issue.

Can a plaintiff who withdraws without leave to sue afresh bring a second suit on the same cause of action?

Held.

Under O.23 r.1, withdrawal or abandonment without the court’s leave to sue afresh precludes a fresh suit on the same subject-matter; leave can be granted only on a formal defect or other sufficient ground.

Why it matters.

It fixes the central consequence in the withdrawal-of-suits topic.

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