https://www.taxtmi.com/caselaws?id=310186 The court allowed the plaintiff to withdraw the suit against the third set of defendants with the liberty to file a fresh suit, emphasizing that the lower court erred in splitting the prayer for withdrawal and permission. The court clarified that under Order XXIII, Rule 1, when permission to withdraw is sought under Sub-rule (2), it cannot be treated as an application under Sub-rule (1) alone. The plaintiff must pay the defendants' costs before filing a new suit, ensuring procedural fairness and addressing complications from the misjoinder of parties and claims. en-us Fri, 01 Aug 1958 00:00:00 +0530 Wed, 11 Oct 2023 17:03:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=310186 The court allowed the plaintiff to withdraw the suit against the third set of defendants with the liberty to file a fresh suit, emphasizing that the lower court erred in splitting the prayer for withdrawal and permission. The court clarified that under Order XXIII, Rule 1, when permission to withdraw is sought under Sub-rule (2), it cannot be treated as an application under Sub-rule (1) alone. The plaintiff must pay the defendants' costs before filing a new suit, ensuring procedural fairness and addressing complications from the misjoinder of parties and claims. Case-Laws Indian Laws Fri, 01 Aug 1958 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=310186