https://www.taxtmi.com/caselaws?id=310204 Withdrawal of a suit after the trial court has passed a decree is not available as a matter of course at the appellate stage, because the successful party acquires vested rights and the phrase "at any time" in Order 23 Rule 1 CPC does not create an unrestricted post-decree right of withdrawal. The commentary also states that a pending application for additional evidence does not justify such withdrawal, and that an amendment of the plaint cannot be granted for the first time in the petition at that stage. The order permitting withdrawal was described as unsustainable, and the matter was to proceed on merits before the lower appellate court. en-us Mon, 20 Jan 1986 00:00:00 +0530 Wed, 11 Oct 2023 18:09:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=310204 Withdrawal of a suit after the trial court has passed a decree is not available as a matter of course at the appellate stage, because the successful party acquires vested rights and the phrase "at any time" in Order 23 Rule 1 CPC does not create an unrestricted post-decree right of withdrawal. The commentary also states that a pending application for additional evidence does not justify such withdrawal, and that an amendment of the plaint cannot be granted for the first time in the petition at that stage. The order permitting withdrawal was described as unsustainable, and the matter was to proceed on merits before the lower appellate court. Case-Laws Indian Laws Mon, 20 Jan 1986 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=310204