https://www.taxtmi.com/caselaws?id=184867 Order XXIII Rule 1(3) CPC permits withdrawal of a suit with liberty to file afresh only where the court is satisfied that the suit must fail for a formal defect or that sufficient grounds exist for a fresh suit. At the appellate or second appellate stage, that discretion requires careful and reasoned scrutiny, because granting liberty may unsettle findings already recorded and revive litigation on the same subject-matter. The order under discussion was found unsustainable for non-application of mind to these statutory preconditions and for assuming that no prejudice would arise from permitting a fresh suit. The permission to withdraw with liberty was set aside. en-us Mon, 08 May 2000 00:00:00 +0530 Fri, 22 Jul 2016 17:33:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=184867 Order XXIII Rule 1(3) CPC permits withdrawal of a suit with liberty to file afresh only where the court is satisfied that the suit must fail for a formal defect or that sufficient grounds exist for a fresh suit. At the appellate or second appellate stage, that discretion requires careful and reasoned scrutiny, because granting liberty may unsettle findings already recorded and revive litigation on the same subject-matter. The order under discussion was found unsustainable for non-application of mind to these statutory preconditions and for assuming that no prejudice would arise from permitting a fresh suit. The permission to withdraw with liberty was set aside. Case-Laws Indian Laws Mon, 08 May 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=184867