https://www.taxtmi.com/caselaws?id=187779 Costs imposed when a suit is withdrawn with liberty to file afresh under Order XXIII rule 1(3) CPC need not be treated as an inflexible pre-filing condition unless the withdrawal order expressly so states. If prior deposit is not specifically required, the defect is curable by payment within the reasonable time allowed by the court dealing with the fresh suit, consistent with section 148 CPC and a liberal approach to substantive justice. The subsequent suit is therefore not void or incompetent merely because the costs were not deposited before institution; payment within the time granted was sufficient, and the contrary view was rejected. en-us Fri, 04 Apr 1986 00:00:00 +0530 Mon, 07 Nov 2016 11:49:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=187779 Costs imposed when a suit is withdrawn with liberty to file afresh under Order XXIII rule 1(3) CPC need not be treated as an inflexible pre-filing condition unless the withdrawal order expressly so states. If prior deposit is not specifically required, the defect is curable by payment within the reasonable time allowed by the court dealing with the fresh suit, consistent with section 148 CPC and a liberal approach to substantive justice. The subsequent suit is therefore not void or incompetent merely because the costs were not deposited before institution; payment within the time granted was sufficient, and the contrary view was rejected. Case-Laws Indian Laws Fri, 04 Apr 1986 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=187779