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

Concept: Order XXIII of the Code of Civil Procedure, 1908 governs withdrawal and abandonment of suits. The provisions seek to balance the plaintiff's freedom to discontinue litigation with the need to prevent abuse of judicial process through repeated suits on the same cause of action.

Step 1: Understanding withdrawal and abandonment of suits.
A plaintiff has the right to abandon a suit or withdraw it at any stage of the proceedings. However, such withdrawal is regulated by Order XXIII Rule 1 CPC to ensure that litigation is not repeatedly initiated and abandoned without justification.

Step 2: Examining Statements I and II.
Statement I is correct because the CPC expressly permits a plaintiff to withdraw or abandon a suit subject to statutory conditions. Statement II is also correct because when a plaintiff wishes to file a fresh suit on the same cause of action after withdrawal, prior permission of the court is required.

Step 3: Examining Statement III.
If a plaintiff withdraws a suit without obtaining permission to institute a fresh suit, Order XXIII creates a legal bar against filing another suit on the same cause of action. Therefore, Statement III is correct.

Step 4: Examining Statement IV.
The court does not grant permission automatically. Permission is granted only when the court is satisfied that there exists a formal defect or sufficient grounds for allowing a fresh suit. Hence, the grant of permission is discretionary. Therefore, Statement IV is incorrect. \[ \boxed{\text{Statements I, II and III are correct.}} \]

Answer 2

This question tests Order XXIII of the Code of Civil Procedure, 1908, which governs when a plaintiff may withdraw or abandon a suit and what consequence follows. Before matching combinations, each numbered statement should be checked against the rule: a plaintiff may withdraw a suit (Statement I), a fresh suit on the same cause needs the court's leave (Statement II), withdrawal without such leave bars a fresh suit (Statement III), and the court's grant of leave is not automatic (making Statement IV false). With that in mind, each combination option can be tested.

1. I, II, III and IV: This option would only be correct if the court were bound to grant permission on every request. Order XXIII Rule 1(3) makes the grant of leave conditional on the court being satisfied that there are sufficient grounds, such as a formal defect in the suit; it is a discretionary power, not a mandatory one. Because Statement IV is false, this option including all four statements cannot be correct.
2. I, II and III: Statement I reflects the plaintiff's general liberty to withdraw or abandon a suit, subject to law. Statement II reflects the requirement that a fresh suit on the same cause of action after withdrawal needs the court's permission. Statement III reflects the bar under Order XXIII Rule 1(4) that operates when a suit is withdrawn without such permission having been sought or granted. All three statements accurately state the law, and none of them is qualified by the false claim in Statement IV, so this combination is fully correct.
3. I, III and IV: This combination omits Statement II, which is also a correct statement of law (permission is needed for a fresh suit), and instead includes Statement IV, which incorrectly claims that permission must always be granted. Because it drops a true statement and keeps a false one, this option is wrong.
4. II, III and IV: This combination drops Statement I, the plaintiff's basic right to withdraw or abandon a suit, which is itself a correct and foundational proposition under Order XXIII, and again keeps the false Statement IV. It therefore cannot be the right combination.

Only the combination of Statements I, II and III captures every true proposition in the question while correctly excluding the false claim that the court must always grant permission.

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