Courts Must Cautiously Grant Suit Withdrawal with Liberty to Refile; Discretion Limited by Statutory Law.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The ‘power to grant ‘permission to withdraw’ a ‘suit’ with ‘Liberty to file a fresh suit’, is to be used very cautiously. Also that ‘withdrawal of a suit’, as ‘plaintiff’, wants to file fresh ‘suit’ ‘on a new cause of action’, ‘Leave’ of the court, is not required - A ‘Court of Law’, cannot exercise its ‘discretionary jurisdiction’ de-hors, the ‘Statutory Law’ and in fact, ‘its discretion’ must be exercised in terms of the ‘existing statute’. - AT....