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Issues: (i) Whether the plaintiff could withdraw the suit unconditionally under Order 23 Rule 1 of the Code of Civil Procedure, 1908 without being saddled with a condition for restoration of possession to the petitioners. (ii) Whether the impugned order permitting withdrawal was liable to be interfered with as a non-speaking or improper exercise of jurisdiction.
Issue (i): Whether the plaintiff could withdraw the suit unconditionally under Order 23 Rule 1 of the Code of Civil Procedure, 1908 without being saddled with a condition for restoration of possession to the petitioners.
Analysis: Order 23 Rule 1 permits a plaintiff to abandon or withdraw a suit as a matter of right, subject to the consequences prescribed by the rule where withdrawal is without liberty to file a fresh suit. The controlling consideration is whether withdrawal would nullify any adjudication or vested right in favour of the opposite party. On the facts found, the petitioners had already parted with possession of the premises to the owners before the respondent obtained possession under the interim proceedings, and no material showed that the petitioners retained any subsisting interest in the suit premises when withdrawal was sought. The alleged advantage obtained by the respondent was not one acquired at the expense of any continuing right of the petitioners that required restoration as a condition precedent to withdrawal.
Conclusion: The plaintiff was entitled to withdraw the suit simpliciter, and no condition for restoration of possession was warranted.
Issue (ii): Whether the impugned order permitting withdrawal was liable to be interfered with as a non-speaking or improper exercise of jurisdiction.
Analysis: The order referred to the relevant application and recorded that no permission was necessary and withdrawal was allowed. In the factual setting, where unconditional withdrawal was legally permissible and no finding in favour of the petitioners stood to be nullified, the absence of elaborate reasons did not render the order jurisdictionally flawed. The revisional challenge could not succeed merely because the order was brief, especially when it reflected the basis on which withdrawal was permitted.
Conclusion: The order was not liable to be interfered with on the ground that it was non-speaking or improperly passed.
Final Conclusion: The revision petition failed, and the order allowing withdrawal of the suit without conditions was upheld.
Ratio Decidendi: A plaintiff may withdraw a suit unconditionally under Order 23 Rule 1 of the Code of Civil Procedure, 1908 unless such withdrawal would nullify an existing adjudication or vested right of the opposite party requiring protection by conditions imposed by the Court.
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