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    <title>2003 (1) TMI 748 - BOMBAY HIGH COURT</title>
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    <description>The court allowed the withdrawal of a suit against one defendant despite opposition from another defendant. The judgment emphasized that a plaintiff has an unconditional right to withdraw a suit without requiring formal court permission, as per Order XXIII Rule 1 of the Code of Civil Procedure. Once a plaintiff files a purshis of withdrawal, the withdrawal is effective, and the court only needs to record it formally. The court clarified that refusal to allow withdrawal based on a defendant&#039;s status as a necessary party is erroneous. The trial court&#039;s decision was set aside, and the withdrawal was deemed complete upon filing the purshis.</description>
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    <pubDate>Fri, 10 Jan 2003 00:00:00 +0530</pubDate>
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      <title>2003 (1) TMI 748 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=290302</link>
      <description>The court allowed the withdrawal of a suit against one defendant despite opposition from another defendant. The judgment emphasized that a plaintiff has an unconditional right to withdraw a suit without requiring formal court permission, as per Order XXIII Rule 1 of the Code of Civil Procedure. Once a plaintiff files a purshis of withdrawal, the withdrawal is effective, and the court only needs to record it formally. The court clarified that refusal to allow withdrawal based on a defendant&#039;s status as a necessary party is erroneous. The trial court&#039;s decision was set aside, and the withdrawal was deemed complete upon filing the purshis.</description>
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      <pubDate>Fri, 10 Jan 2003 00:00:00 +0530</pubDate>
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