https://www.taxtmi.com/caselaws?id=310185 A composite request under Order 23 Rule 1 of the Code of Civil Procedure for withdrawal of a suit with liberty to file a fresh suit cannot be split into separate parts. The text states that liberty to institute a fresh suit is available only where a formal defect or sufficient ground is shown; on the stated facts, no such basis existed, so liberty was rightly refused. It further states that once liberty is refused, the court cannot still permit withdrawal without liberty and dismiss the suit as withdrawn; the proper course is to reject the request and keep the suit pending for trial. The suit was restored for adjudication on merits. en-us Tue, 02 Mar 1971 00:00:00 +0530 Wed, 11 Oct 2023 16:57:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=310185 A composite request under Order 23 Rule 1 of the Code of Civil Procedure for withdrawal of a suit with liberty to file a fresh suit cannot be split into separate parts. The text states that liberty to institute a fresh suit is available only where a formal defect or sufficient ground is shown; on the stated facts, no such basis existed, so liberty was rightly refused. It further states that once liberty is refused, the court cannot still permit withdrawal without liberty and dismiss the suit as withdrawn; the proper course is to reject the request and keep the suit pending for trial. The suit was restored for adjudication on merits. Case-Laws Indian Laws Tue, 02 Mar 1971 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=310185