https://www.taxtmi.com/caselaws?id=290302 Order XXIII Rule 1 permits a plaintiff to abandon a suit or any part of the claim against all or any defendants. Unconditional withdrawal is complete when the plaintiff intimates the court by filing a purshis or withdrawal application, and it does not depend on a formal order granting permission. The court may record the withdrawal and address costs, but it cannot refuse withdrawal merely because the defendant sought to be dropped is said to be a necessary party. If necessary parties are absent, the court may consider only the effect on the continuation of the suit against the remaining defendants. en-us Fri, 10 Jan 2003 00:00:00 +0530 Fri, 18 Sep 2020 11:06:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=290302 Order XXIII Rule 1 permits a plaintiff to abandon a suit or any part of the claim against all or any defendants. Unconditional withdrawal is complete when the plaintiff intimates the court by filing a purshis or withdrawal application, and it does not depend on a formal order granting permission. The court may record the withdrawal and address costs, but it cannot refuse withdrawal merely because the defendant sought to be dropped is said to be a necessary party. If necessary parties are absent, the court may consider only the effect on the continuation of the suit against the remaining defendants. Case-Laws Indian Laws Fri, 10 Jan 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=290302