https://www.taxtmi.com/caselaws?id=310203 Permission to withdraw a suit with liberty to file a fresh suit under Order 23 Rule 1(3) CPC is confined to cases of formal defect or other sufficient grounds of the same genus, and the power must be exercised cautiously at the appellate stage because it may defeat vested rights under an existing decree. Mere failure to conduct the suit properly is not enough to justify withdrawal with liberty. Applying that principle, the request was refused as no sufficient ground was shown and allowing withdrawal would prejudice the respondent's accrued benefit under the appellate decree. en-us Thu, 11 Sep 2003 00:00:00 +0530 Wed, 11 Oct 2023 18:01:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=310203 Permission to withdraw a suit with liberty to file a fresh suit under Order 23 Rule 1(3) CPC is confined to cases of formal defect or other sufficient grounds of the same genus, and the power must be exercised cautiously at the appellate stage because it may defeat vested rights under an existing decree. Mere failure to conduct the suit properly is not enough to justify withdrawal with liberty. Applying that principle, the request was refused as no sufficient ground was shown and allowing withdrawal would prejudice the respondent's accrued benefit under the appellate decree. Case-Laws Indian Laws Thu, 11 Sep 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=310203