Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 1K views

    Application Under Order 23, Rule 1 C. P. C.

    Uploaded by

    Praharsh Kashyap
    The document is an application seeking permission to withdraw a suit and re-file it after obtaining necessary permission. [1] The initial suit was filed without obtaining required permission stipulated under Section 92 of the CPC. [2] Withdrawal of the suit is requested so that it can be re-filed with the necessary permission to cure the defect. [3] Permission is prayed for to withdraw the suit and re-file it with the required permission.

    Copyright:

    © All Rights Reserved
    Download as RTF, PDF, TXT or read online from Scribd

    Application Under Order 23, Rule 1 C. P. C.

    Uploaded by

    Praharsh Kashyap
    1K views2 pages
    The document is an application seeking permission to withdraw a suit and re-file it after obtaining necessary permission. [1] The initial suit was filed without obtaining required permission stipulated under Section 92 of the CPC. [2] Withdrawal of the suit is requested so that it can be re-filed with the necessary permission to cure the defect. [3] Permission is prayed for to withdraw the suit and re-file it with the required permission.

    Original Title

    APPLICATION UNDER ORDER 23, RULE 1 C. P. C.

    Copyright

    © © All Rights Reserved

    Available Formats

    RTF, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document is an application seeking permission to withdraw a suit and re-file it after obtaining necessary permission. [1] The initial suit was filed without obtaining required permission stipulated under Section 92 of the CPC. [2] Withdrawal of the suit is requested so that it can be re-filed with the necessary permission to cure the defect. [3] Permission is prayed for to withdraw the suit and re-file it with the required permission.

    Copyright:

    © All Rights Reserved
    Download as RTF, PDF, TXT or read online from Scribd
    Download as rtf, pdf, or txt
    1K views2 pages

    Application Under Order 23, Rule 1 C. P. C.

    Uploaded by

    Praharsh Kashyap
    The document is an application seeking permission to withdraw a suit and re-file it after obtaining necessary permission. [1] The initial suit was filed without obtaining required permission stipulated under Section 92 of the CPC. [2] Withdrawal of the suit is requested so that it can be re-filed with the necessary permission to cure the defect. [3] Permission is prayed for to withdraw the suit and re-file it with the required permission.

    Copyright:

    © All Rights Reserved
    Download as RTF, PDF, TXT or read online from Scribd
    Download as rtf, pdf, or txt
    of 2

    APPLICATION UNDER ORDER 23, RULE 1 C. P. C.

    IN THE MATTER OF....................

    Suit ‘No..................... of 199....................

    In the Matter of: -

    AB.................................................................... Plaintiff

    versus

    CD................................................................ Defendant

    Most Respectfully Showeth:

    1. That it is submitted that the present suit has been instituted for the removal of....................
    who has been impleaaded as defendant without obtaining the requisite permission
    of.................... as stipulated under Section 92 of the CPC.

    2. That on account of the said defect the suit will fail.

    PRAYER

    It is most respectfully prayed that the applicaant-plaintiff may kindly be permitted to withdraw the
    present suit so as to institute a suit in respect of the same cause of action after obtaining
    necessary permission of.................... as stipulated under Section 92 CPC.

    It is prayed accordingly. Applicant

    Through Advocate

    Place:....................

    Dated:....................
    AFFIDAVIT

    IN THE COURT OF........................................

    Suit No..................... /200

    IN THE MATTER OF

    AB................................................... Plaintiff/Petitioner

    versus

    CD............................................ Defendant/Respondent

    AFFIDAVIT

    I................................................................ resident
    of.......................................... ................................................. do hereby solemnly affirm and
    declare as under: -

    1. That I am the............................................. in this case and hence competent to swear this


    affidavit.

    2. That the contents of the accompanying application are true and correct.

    DEPONENT

    VERIFICATION

    Verified at.......................................... on this............................ day of ...........................................


    that the contents of the above affidavit are true and correct to my knowledge.

    DEPONENT

    FILING OF FRESH SUIT IN RESPECT OF SAME SUBJECT MATTER WITHOUT LEAVE OF


    COURT

    Order 23, Rules 1(3) and (4) and Order 2, Rule 2

    Under sub-rule (4) of Order 23, Rule 1, when plaintiff withdraws from the suit without permission
    to file fresh suit for the same subject matter as contemplated under sub-rule (3) then such
    plaintiff is precluded from filing any fresh suit in respect of the same subject matter.1

    1. Smt. Nirwala v. Hari Singh, AIR 2001 Himachal Pradesh.

    You might also like