Question

Which of the following statements are correct with reference to withdrawal and abandonment of suits under the Code of Civil Procedure, 1908? I. A plaintiff may withdraw or abandon a suit subject to the provisions of law. II. Institution of a fresh suit on the same cause of action requires permission of the court. III. Withdrawal of a suit without permission of the court to institute a fresh suit bars a subsequent suit on the same cause of action. IV. The court must grant permission whenever such request is made. Which of the above statements are correct?

• A. I, II, III and IV
• B. I, II and III
• C. I, III and IV
• D. II, III and IV

Hint:

Order XXIII Rule 1: Withdrawal is a choice, but fresh litigation is a privilege that requires Court permission. The Court's discretion is key here, not the plaintiff's whim!

Answer 1

The Correct Option is B

Step 1: Understand the topic.
This question is about withdrawing or abandoning a civil suit under the Code of Civil Procedure, 1908. The rule for this is Order XXIII, Rule 1. We must check four statements and pick the correct group.

Step 2: Test statement I.
Statement I says a plaintiff may withdraw or abandon a suit subject to the provisions of law. This is true. The plaintiff has the freedom to give up the suit, but within the limits set by the rules.

Step 3: Test statement II.
Statement II says that to file a fresh suit on the same cause of action, the court's permission is needed. This is also true. Without permission, the plaintiff cannot simply start the same case again.

Step 4: Test statement III.
Statement III says that if a suit is withdrawn without permission to file a fresh one, then a later suit on the same cause is barred. This is true as well. It stops people from filing the same case again and again.

Step 5: Test statement IV.
Statement IV says the court must always grant permission when asked. This is false. The court uses its own judgment and grants permission only on sufficient grounds, like a formal defect. So IV is wrong.

Step 6: State the answer.
Statements I, II and III are correct, while IV is not. So the right group is I, II and III. \[ \boxed{\text{I, II and III}} \]