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: Understanding the Concept:
Order XXIII, Rule 1 of the CPC governs the withdrawal and abandonment of suits.

Step 2: Detailed Explanation:
- Statements I, II, and III are correct summaries of the law: A plaintiff can withdraw a suit (I), permission is required for a fresh suit on the same cause of action (II), and failing to obtain such permission bars a fresh suit (III).
- Statement IV is incorrect because the court has judicial discretion. Permission is not granted as a matter of right but is based on "sufficient grounds" or a "formal defect."

Step 3: Final Answer:
Statements I, II, and III are correct. Option (B) is the correct answer.

Answer 2

Order XXIII, Rule 1 of the CPC governs when a plaintiff can withdraw or abandon a suit and what happens afterwards. The question lists four statements and asks which combination is correct, so each statement needs to be checked on its own before the options are compared.

1. I, II, III and IV: This cannot be right because it includes Statement IV, that the court must grant permission whenever requested, which is false since granting permission to bring a fresh suit is a matter of judicial discretion exercised only on sufficient grounds, not an automatic entitlement.
2. I, II and III: Statement I, that a plaintiff may withdraw or abandon a suit subject to the provisions of law, is correct. Statement II, that a fresh suit on the same cause of action needs the court's permission, is correct because that permission is a precondition to filing again. Statement III, that withdrawing without such permission bars a subsequent suit, is correct because Rule 1 makes exactly that consequence explicit. All three statements hold up together.
3. II, III and IV: This combination wrongly drops Statement I, which is actually a correct general description of the plaintiff's right to withdraw, while wrongly including Statement IV.
4. I, III and IV: This combination wrongly leaves out Statement II, even though the requirement of court permission for a fresh suit is a settled and correct part of the rule, and it wrongly includes the false Statement IV.

Only the combination of Statements I, II and III correctly reflects the withdrawal and abandonment scheme under Order XXIII, since Statement IV misstates permission as automatic rather than discretionary.

Therefore, the correct answer is I, II and III.