Liberty to institute a fresh suit in respect of the same subject matter at the time of withdrawal of...........

Civil Procedure Code (CPC) 1908 Institution of Suits

Liberty to institute a fresh suit in respect of the same subject matter , at the time of withdrawal of the suit is given:

As a general rule

Where the suit suffers from same formal defect and is likely to fail on that account

Where the court finds sufficient grounds

Only b and c

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Explanation:

Order 23 Rule 1(3) –
ORDER XXIII Withdrawal and Adjustment of Suits
1. Withdrawal of suit or abandonment of part of claim.
(3) Where the Court is satisfied,— (a) that a suit must fail by reason of some formal defect, or
(b) that there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject matter of suit or part of a claim, it may, on such terms as it thinks fit, grant the plaintiff permission to withdraw from such suit or such part of the claim with liberty to institute a fresh suit in respect of the subject-matter of such suit or such part of the claim.