Supreme Court of India
Kandapazha Nadar and Ors. v. Chitraganiammal and Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the above judgments, the position in law is clear that when the court allows the suit to be withdrawn without liberty to file a fresh c suit, without any adjudication, such order allowing withdrawal cannot constitute a decree and it cannot debar the petitioners herein from taking the defence in the second round of litigation as held in the impugned judgment.
Judgment, page 8
From the headnote
Code of Civil Procedure, 1908-0. 2 r. 2, 0. 9, r.9.0. 22 r. IO and 0. 23 r. I (4)-Withdrawal of suit-Without liberty to file a fresh suit-Effect c of-On the defence of the party withdrawing, in a subsequent suit-Held: Such withdrawal, without any adjudication, does not constitute a decree, hence cannot debar the defence in subsequent suit. Plaintiff-predecessor of the respondents herein filed a suit against the defendants-appellants, claiming to be owner of the property in question, which he had purchased from ' '. According to the plaintiff the defendants had entered the possession of the
Where later benches applied it
Of those, 1 mentioned
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