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.

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

Hint:

Under Order XXIII CPC, remember the rule: withdrawal is a right, but filing a fresh suit on the same cause of action requires leave of the court.

Answer 1

The Correct Option is B

Step 1: Know the rule.
Order XXIII of the CPC, 1908 deals with withdrawal and abandonment of suits. It balances the plaintiff's freedom with the need to stop repeated suits.

Step 2: Check Statement I.
A plaintiff may withdraw or abandon a suit subject to the law. This is allowed under Order XXIII Rule 1. Statement I is correct.

Step 3: Check Statement II.
To file a fresh suit on the same cause of action after withdrawal, the plaintiff needs the court's permission. Statement II is correct.

Step 4: Check Statement III.
If the plaintiff withdraws without getting permission to sue again, a fresh suit on the same cause is barred. Statement III is correct.

Step 5: Check Statement IV.
The court does not have to grant permission whenever asked. It grants it only for a formal defect or sufficient grounds. So permission is discretionary, and Statement IV is incorrect.

Step 6: Final answer.
Statements I, II and III are correct.
\[ \boxed{\text{I, II and III}} \]