Post-decree withdrawal of suit is not automatic; vested rights bar appellate-stage withdrawal and late plaint amendment.

Withdrawal of a suit after the trial court has passed a decree is not available as a matter of course at the appellate stage, because the successful party acquires vested rights and the phrase "at any time" in Order 23 Rule 1 CPC does not create an unrestricted post-decree right of withdrawal. The commentary also states that a pending application for additional evidence does not justify such withdrawal, and that an amendment of the plaint cannot be granted for the first time in the petition at that stage. The order permitting withdrawal was described as unsustainable, and the matter was to proceed on merits before the lower appellate court.

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Issues: Whether the plaintiffs could be permitted to withdraw the suit at the appellate stage after the trial court had already passed a decree dismissing the suit, and whether any amendment of the plaint could be granted at that stage.

Analysis: The application for withdrawal was made after the trial court had disposed of the suit and after an appeal had been filed. The order records that once a decree is passed by the trial court, rights vest in the successful party, and the words "at any time" in Order 23, Rule 1 of the Code of Civil Procedure do not extend to withdrawal as of course after such decree. The pending application for additional evidence did not justify withdrawal of the suit, and no permission to amend the plaint could be granted for the first time in the petition.

Conclusion: The plaintiffs were not entitled to withdraw the suit at the appellate stage, and the impugned order permitting such withdrawal was illegal and unsustainable. The request for amendment was also declined at this stage.

Final Conclusion: The petition was allowed, the order permitting withdrawal was set aside, and the appeal was directed to proceed on merits before the lower appellate court.

Ratio Decidendi: A suit cannot be withdrawn as a matter of course after the trial court has passed a decree, because the successful party acquires vested rights and Order 23, Rule 1 does not confer an unrestricted right of withdrawal at the appellate stage.

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