Supreme Court of India
R. Rathinavel Chettiar and Another v. V. Sivaraman and Others
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above discussion, it comes out that where a decree A passed by the trial court is challenged in appeal, it would not be open to the plaintiff, at that stage, to withdraw the suit so as to destroy that decree.
Judgment, page 9
From the headnote
Code of Civil Procedure 1908, Order XXlll Rule 1, I- -Suit by plaintiff for declaration of title to property and possession decreed-Plaintiff selling property to appellants soon thereafter-During pendency of appeal by defendant, plaintiff_ applying for dismissal of suit as not pressed stating he had compromised the dispute with defendant-High Court allowing application-Held, Plaintiff cannot be allowed to withdraw decreed suit at the stage of appeal so as to take away rights vested in parties. VS, plaintiff-respondent No. 1, filed a suit against S, widow of his brother, inter alia, for
Where later benches applied it
- 2014 Rajni Rani & Anr. v. Khairati Lal & Ors.
- 2011 M/s. L.K. Trust v. Edc Ltd. & Ors.
- 2009 Sneh Gupta v. Devi Sarup & Ors.
Of those, 1 relied on · 2 mentioned
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