https://www.taxtmi.com/caselaws?id=285630 An order granting withdrawal of a suit with liberty to file afresh under Order XXIII Rule 1(2) is not void merely because the statutory circumstances for granting leave were erroneously assessed, provided the court had jurisdiction over the suit and power to make such an order. The leave remains operative until set aside through direct proceedings, so a fresh suit instituted under that leave is not incompetent. The court hearing the later suit cannot collaterally examine the legality or jurisdictional validity of the earlier withdrawal order; the proper remedy is a direct challenge to that order. en-us Thu, 20 May 1920 00:00:00 +0530 Mon, 20 Jan 2020 14:10:30 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=285630 An order granting withdrawal of a suit with liberty to file afresh under Order XXIII Rule 1(2) is not void merely because the statutory circumstances for granting leave were erroneously assessed, provided the court had jurisdiction over the suit and power to make such an order. The leave remains operative until set aside through direct proceedings, so a fresh suit instituted under that leave is not incompetent. The court hearing the later suit cannot collaterally examine the legality or jurisdictional validity of the earlier withdrawal order; the proper remedy is a direct challenge to that order. Case-Laws Indian Laws Thu, 20 May 1920 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=285630