https://www.taxtmi.com/caselaws?id=279132 Order 23 Rule 1 CPC is stated to give a plaintiff an unqualified right to withdraw a suit, subject only to consequences under the rule, unless the defendant has already acquired an independent vested right. In a suit for rendition of accounts, the defendant does not ordinarily gain a right to force continuation merely because accounts may later show money due to him; such a right arises only after a preliminary decree for accounts. Where no preliminary decree had been passed, the written statement did not amount to set-off, and no counterclaim existed, the defendant had no vested right to prevent withdrawal. en-us Wed, 03 May 1967 00:00:00 +0530 Tue, 05 Mar 2019 12:24:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=279132 Order 23 Rule 1 CPC is stated to give a plaintiff an unqualified right to withdraw a suit, subject only to consequences under the rule, unless the defendant has already acquired an independent vested right. In a suit for rendition of accounts, the defendant does not ordinarily gain a right to force continuation merely because accounts may later show money due to him; such a right arises only after a preliminary decree for accounts. Where no preliminary decree had been passed, the written statement did not amount to set-off, and no counterclaim existed, the defendant had no vested right to prevent withdrawal. Case-Laws Indian Laws Wed, 03 May 1967 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=279132