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Application Under Order 23, Rule 1 C. P. C.

The document is an application seeking permission to withdraw a suit and re-file it after obtaining necessary permission. [1] The initial suit was filed without obtaining required permission stipulated under Section 92 of the CPC. [2] Withdrawal of the suit is requested so that it can be re-filed with the necessary permission to cure the defect. [3] Permission is prayed for to withdraw the suit and re-file it with the required permission.

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Praharsh Kashyap
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5K views2 pages

Application Under Order 23, Rule 1 C. P. C.

The document is an application seeking permission to withdraw a suit and re-file it after obtaining necessary permission. [1] The initial suit was filed without obtaining required permission stipulated under Section 92 of the CPC. [2] Withdrawal of the suit is requested so that it can be re-filed with the necessary permission to cure the defect. [3] Permission is prayed for to withdraw the suit and re-file it with the required permission.

Uploaded by

Praharsh Kashyap
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as RTF, PDF, TXT or read online on Scribd
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APPLICATION UNDER ORDER 23, RULE 1 C. P. C.

IN THE MATTER OF....................

Suit ‘No..................... of 199....................

In the Matter of: -

AB.................................................................... Plaintiff

versus

CD................................................................ Defendant

Most Respectfully Showeth:

1. That it is submitted that the present suit has been instituted for the removal of....................
who has been impleaaded as defendant without obtaining the requisite permission
of.................... as stipulated under Section 92 of the CPC.

2. That on account of the said defect the suit will fail.

PRAYER

It is most respectfully prayed that the applicaant-plaintiff may kindly be permitted to withdraw the
present suit so as to institute a suit in respect of the same cause of action after obtaining
necessary permission of.................... as stipulated under Section 92 CPC.

It is prayed accordingly. Applicant

Through Advocate

Place:....................

Dated:....................
AFFIDAVIT

IN THE COURT OF........................................

Suit No..................... /200

IN THE MATTER OF

AB................................................... Plaintiff/Petitioner

versus

CD............................................ Defendant/Respondent

AFFIDAVIT

I................................................................ resident
of.......................................... ................................................. do hereby solemnly affirm and
declare as under: -

1. That I am the............................................. in this case and hence competent to swear this


affidavit.

2. That the contents of the accompanying application are true and correct.

DEPONENT

VERIFICATION

Verified at.......................................... on this............................ day of ...........................................


that the contents of the above affidavit are true and correct to my knowledge.

DEPONENT

FILING OF FRESH SUIT IN RESPECT OF SAME SUBJECT MATTER WITHOUT LEAVE OF


COURT

Order 23, Rules 1(3) and (4) and Order 2, Rule 2

Under sub-rule (4) of Order 23, Rule 1, when plaintiff withdraws from the suit without permission
to file fresh suit for the same subject matter as contemplated under sub-rule (3) then such
plaintiff is precluded from filing any fresh suit in respect of the same subject matter.1

1. Smt. Nirwala v. Hari Singh, AIR 2001 Himachal Pradesh.

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