Plaintiff filled petition u/o23 rule 1 &2 r/w 151 cpc praying therein that his constituted attorney filled this suit without his consent. So permit to withdraw the suit.
Yah he can withdraw if it is filled without his consent, after all he is the plaintiff and overall has the ryt to withdraw and may request the court to send recommendation for Cancelling the licence of advocate to state bar council
Sir in rule 3 you said consent decree is not on merit so resjudicata shall not apply but estoppel shall apply but in rule 3A you said that compromise decree shall not set aside but you may file fresh suit. How?
Good morning sir. Sir in rule 2 , fresh suit will be filed from the date of cause of action but the situation is that from the date of cause of action , first suit file kia gaya limitation end hone k kch hi din pehle and ab fresh suit ke liy limitation barred hai then kaise file hoga ?
. The instances of ' formaldefects ' cited by the Privy Council in (1869-70) 13 M I A 160 (PC) include misjoinder of parties or of the matters in suit, rejection of a material document for not having a proper stamp and the erroneous valuation of the subject matter of the suit. This shows that the expression "formal defect" must be given a wide and liberal meaning, and must be deemed to connote every kind of defect which does not affect the merits of the case, whether that defect be fatal to the suit or not."
good morning sir...there is a statement in takwni book that:-"O 23 do not apply to execution proceedings"....is it means withdraw is only possible in suit but not at the stage of execution decree????plz help sir...
Nice lecture sir thanku so much for your effort and support, love ❤you sir
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Tnx ji great explanation may god bless u
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Can plaintiff withdraw the suit if it is filed by constituted attorney ?
Sry I didn't get ur point
Plaintiff filled petition u/o23 rule 1 &2 r/w 151 cpc praying therein that his constituted attorney filled this suit without his consent. So permit to withdraw the suit.
Yah he can withdraw if it is filled without his consent, after all he is the plaintiff and overall has the ryt to withdraw and may request the court to send recommendation for Cancelling the licence of advocate to state bar council
Thank you so much sir🙏🙏
Thqq sir
Singh is King.. 👑
Thku sir😊🙏🏻
Thanku sir🙏🙏🙏🙏
Sir 3 a me bola hai ki comprise Decree ko set aside nahi kara sakte but fresh suit institute kar sakta hai matlab kya please clear kare
Sir in rule 3 you said consent decree is not on merit so resjudicata shall not apply but estoppel shall apply but in rule 3A you said that compromise decree shall not set aside but you may file fresh suit. How?
That consent was obtained by fraud etc
Thankyou sir.
Civil case me compromise decree hoti hai to use me conditional withdrawal ho sakata hai kya? Pls explain
Thank you sir..👍
Sec 14 and 15 limition ka kya refrence hai
Sry i didn't get ur point
If order 21 is not applicable then how parties to compromise decree will enforce decree?
Good morning sir.
Sir in rule 2 , fresh suit will be filed from the date of cause of action but the situation is that from the date of cause of action , first suit file kia gaya limitation end hone k kch hi din pehle and ab fresh suit ke liy limitation barred hai then kaise file hoga ?
Hello Sir
if plaintiff withdrwl under Order 23 Rule 1 of CPC with a liberty to file a fresh
within how much time he or she can file?
plz rply
One query
Compromise decree cannot operate as Res judicata but may create estoppel between the parties ? Plz explain.
Did you find the answer??
Sir what is difrence between abdon and withdraw?
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Sir a compromise decree is based on fraud agreement then suit and appeal barred. Then what would be the remedy to the aggrieved party??
Sir rule 1a samajh main nehi aaya
Tysm
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Sir withdraw or abandon me basic difference kya h??
Can a person take permission under sub-rule 1 of rule 1? Or it is allowed only in sub-rule 3 of rule 1?
sir, what is the meaning of formal defect can u elaborate? please &
are provisions of sec 89 applicable to compromise? please answer
. The instances of ' formaldefects ' cited by the Privy Council in (1869-70) 13 M I A 160 (PC) include misjoinder of parties or of the matters in suit, rejection of a material document for not having a proper stamp and the erroneous valuation of the subject matter of the suit. This shows that the expression "formal defect" must be given a wide and liberal meaning, and must be deemed to connote every kind of defect which does not affect the merits of the case, whether that defect be fatal to the suit or not."
Yes 89 can be read with this order
Fresh suit ke liye kitne dino ki limit hai sir
Abhi 4 jon ka upper case dala hua he
Agar ek jon ka upper case withdraw kar ke 3 jon ka upper case raksakta he kya
yes
Sir appeal ho skti h isme?
Sir will appeal lie in compromise decree or it will come under sec 96(3) and if not what will be the remedy if Fraud is there
good morning sir...there is a statement in takwni book that:-"O 23 do not apply to execution proceedings"....is it means withdraw is only possible in suit but not at the stage of execution decree????plz help sir...
True.
Sir when plaintiff withdraw suit and file fresh suit so limitations period calculate from the date of withdraw suit or file fresh suit?
Cause of action never changed by withdrawing the case, it remain the same