https://www.taxtmi.com/caselaws?id=310186 An application under Order XXIII Rule 1(2) CPC for withdrawal of a suit with liberty to file a fresh suit is a composite request and must be decided as a whole. The Court may permit unconditional withdrawal under Rule 1(1), or permit withdrawal with liberty under Rule 1(2) if statutory conditions are met, but it cannot split the prayer by allowing withdrawal while refusing liberty to sue afresh. Such partial disposal would deprive the applicant of the relief sought and create material irregularity. The proper course is to reject the application in full or allow it in full, subject to costs where appropriate. 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 An application under Order XXIII Rule 1(2) CPC for withdrawal of a suit with liberty to file a fresh suit is a composite request and must be decided as a whole. The Court may permit unconditional withdrawal under Rule 1(1), or permit withdrawal with liberty under Rule 1(2) if statutory conditions are met, but it cannot split the prayer by allowing withdrawal while refusing liberty to sue afresh. Such partial disposal would deprive the applicant of the relief sought and create material irregularity. The proper course is to reject the application in full or allow it in full, subject to costs where appropriate. Case-Laws Indian Laws Fri, 01 Aug 1958 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=310186