https://www.taxtmi.com/caselaws?id=295811 Withdrawal of a civil suit without liberty did not bar recovery proceedings under a distinct statutory mechanism where the statute preserved other remedies and the withdrawal was made to pursue that remedy. Order 23 Rule 1 CPC was held to restrict a fresh suit, not proceedings under a separate recovery scheme, and the doctrine of election could not defeat recovery of public funds on these facts. The later recovery action was also not time barred because earlier recovery steps and issued certificates showed the matter had not remained idle for the period assumed below. The statutory recovery process was therefore allowed to proceed. en-us Tue, 28 Mar 2017 00:00:00 +0530 Mon, 11 Nov 2024 17:55:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=295811 Withdrawal of a civil suit without liberty did not bar recovery proceedings under a distinct statutory mechanism where the statute preserved other remedies and the withdrawal was made to pursue that remedy. Order 23 Rule 1 CPC was held to restrict a fresh suit, not proceedings under a separate recovery scheme, and the doctrine of election could not defeat recovery of public funds on these facts. The later recovery action was also not time barred because earlier recovery steps and issued certificates showed the matter had not remained idle for the period assumed below. The statutory recovery process was therefore allowed to proceed. Case-Laws Indian Laws Tue, 28 Mar 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=295811