https://www.taxtmi.com/caselaws?id=22730 Order 23, Rule 1 permits withdrawal of a suit with liberty to file a fresh suit only where the statutory conditions are met, including the presence of a formal defect; it does not authorise reopening a decree passed on merits at the appellate stage. Where the trial court has decided all framed issues and dismissed the suit on merits, the successful party acquires rights that cannot be defeated by allowing the plaintiff to withdraw and re-agitate the same cause of action without a legally recognised basis. In such circumstances, the appellate court lacks jurisdiction to grant withdrawal with liberty to institute a fresh suit, and any such order is invalid. en-us Mon, 29 Oct 1990 00:00:00 +0530 Sat, 12 Dec 2009 15:38:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=22730 Order 23, Rule 1 permits withdrawal of a suit with liberty to file a fresh suit only where the statutory conditions are met, including the presence of a formal defect; it does not authorise reopening a decree passed on merits at the appellate stage. Where the trial court has decided all framed issues and dismissed the suit on merits, the successful party acquires rights that cannot be defeated by allowing the plaintiff to withdraw and re-agitate the same cause of action without a legally recognised basis. In such circumstances, the appellate court lacks jurisdiction to grant withdrawal with liberty to institute a fresh suit, and any such order is invalid. Case-Laws Income Tax Mon, 29 Oct 1990 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=22730