https://www.taxtmi.com/caselaws?id=310184 An application under Order 23 Rule 1(3) CPC seeking withdrawal of a suit with liberty to file a fresh suit is indivisible. The court must either grant the request in full or reject it in full; it cannot permit withdrawal while refusing liberty to sue afresh. Where liberty is declined, the suit cannot be treated as withdrawn and must remain on file. Applying that principle, the trial court erred in partly allowing the application, and the order was set aside with the interlocutory application dismissed in entirety. en-us Fri, 09 Dec 2005 00:00:00 +0530 Wed, 11 Oct 2023 16:51:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=310184 An application under Order 23 Rule 1(3) CPC seeking withdrawal of a suit with liberty to file a fresh suit is indivisible. The court must either grant the request in full or reject it in full; it cannot permit withdrawal while refusing liberty to sue afresh. Where liberty is declined, the suit cannot be treated as withdrawn and must remain on file. Applying that principle, the trial court erred in partly allowing the application, and the order was set aside with the interlocutory application dismissed in entirety. Case-Laws Indian Laws Fri, 09 Dec 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=310184