https://www.taxtmi.com/caselaws?id=310184 The HC addressed a Plaintiff's application under Order 23 Rule 1(3) C.P.C to withdraw a Suit for Partition and Separate possession, initially filed in HC and transferred to the City Civil Court. The Trial Court allowed the withdrawal but denied the Plaintiff liberty to file a fresh suit on the same cause of action, citing the advanced stage of proceedings. The HC found this partial allowance improper, as applications under Order 23 Rule 1(3) C.P.C should not be split. The Plaintiff's Revision Petition was allowed, directing an expedited Trial of the Suit. 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 The HC addressed a Plaintiff's application under Order 23 Rule 1(3) C.P.C to withdraw a Suit for Partition and Separate possession, initially filed in HC and transferred to the City Civil Court. The Trial Court allowed the withdrawal but denied the Plaintiff liberty to file a fresh suit on the same cause of action, citing the advanced stage of proceedings. The HC found this partial allowance improper, as applications under Order 23 Rule 1(3) C.P.C should not be split. The Plaintiff's Revision Petition was allowed, directing an expedited Trial of the Suit. Case-Laws Indian Laws Fri, 09 Dec 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=310184