Multiple choice

In the context of withdrawal of suit, which is the correct statement?

  1. If the Court is satisfied that a suit must fail by reason of some formal defect, the plaintiff may be allowed to withdraw the suit with liberty to institute a fresh suit in respect of the same subject matter.

  2. If the plaintiff withdraws from a suit without permission of the court he may bring fresh suit in respect of the same subject matter.

  3. If there are more than one plaintiffs, one of them may withdraw the suit without the consent of other plaintiffs.

  4. All of these
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Order 23 Rule 1 CPC allows withdrawal of suit with liberty to file fresh suit when court is satisfied that suit must fail due to formal defect. This prevents injustice from technical defects. Withdrawal without court permission (Option B) bars fresh suit under Order 23 Rule 1(3). When there are multiple plaintiffs, consent of all is required unless court allows otherwise. Option A alone correctly states the law on withdrawal with liberty.

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