Withdrawal of suit with liberty to refile was refused after evidence closed and no special circumstances were shown.

Permission to withdraw a suit with liberty to file a fresh suit under Order 23 Rule 1(3) CPC was declined because the application was made after evidence had been completed and the suit had reached its final stage. The alleged defect in the plaint sketch was treated as non-essential to the real dispute, and no special circumstances were shown to justify refiling. The court noted that granting such liberty at the fag end of trial would encourage multiplicity of proceedings and waste judicial time. The revision petition accordingly failed.

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Issues: Whether permission to withdraw the suit with liberty to institute a fresh suit on the same cause of action under Order 23 Rule 1(3) of the Code of Civil Procedure, 1908 should be granted.

Analysis: The application was moved after the recording of evidence had been concluded and the suit had reached its final stage. The alleged defect in the plaint sketch was found to be non-essential to the real dispute, and no special circumstances were shown to justify permitting withdrawal with liberty to refile. Granting such relief at the fag end of the trial would promote multiplicity of proceedings and waste judicial time.

Conclusion: Permission to withdraw the suit with liberty to file a fresh suit was rightly refused, and the revision petition failed.

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