https://www.taxtmi.com/caselaws?id=299055 A withdrawal order granting liberty to file a fresh suit, even if made outside the strict conditions of Order XXIII Rule 1(2), is not a nullity when passed by a court of competent jurisdiction; it is at most an erroneous exercise of power and remains effective until set aside in direct proceedings. A fresh suit instituted on the strength of such leave is therefore competent, and the court in that later suit cannot collaterally examine the validity of the earlier withdrawal order. The proper remedy is a direct challenge to the earlier order, not an attack on its correctness in subsequent litigation. en-us Thu, 20 May 1920 00:00:00 +0530 Thu, 02 Dec 2021 10:31:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=299055 A withdrawal order granting liberty to file a fresh suit, even if made outside the strict conditions of Order XXIII Rule 1(2), is not a nullity when passed by a court of competent jurisdiction; it is at most an erroneous exercise of power and remains effective until set aside in direct proceedings. A fresh suit instituted on the strength of such leave is therefore competent, and the court in that later suit cannot collaterally examine the validity of the earlier withdrawal order. The proper remedy is a direct challenge to the earlier order, not an attack on its correctness in subsequent litigation. Case-Laws Indian Laws Thu, 20 May 1920 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=299055