MARIYAMMA Vs. KOCHOUSEPH

JUDGEMENT

(1.) A short, but interesting question arise in this revision. Can the plaintiff who has filed an application to withdraw the suit withdraw that application.

(2.) Respondent plaintiff sought withdrawal of the suit filed by him against revision petitioner by filing an application of which notice was given to revision petitioner. Before order was pronounced on that application respondent filed another petitioner seeking withdrawal of that application. The court below allowed that application. That order is under challenge in this revision.

(3.) O.23 R.1 C.P.C. permits the plaintiff to withdraw his suit at any time with liberty to institute a fresh suit in respect of the subject matter of such suit.