R. RAMAMURTHI IYER vs RAJA V. RAJESWARA RAO

The Supreme Court held that under Order 23 Rule 1 of the CPC, a plaintiff cannot unilaterally withdraw a partition suit if it would defeat the defendant's claim, as established in the precedent set by Crump, J. in Tukarama's case. The Court clarified that in partition suits, a defendant seeking a share is in the position of a plaintiff, thus requiring mutual consent for withdrawal. The Court dismissed the appeal, affirming that the trial court's conclusion regarding the impossibility of division by metes and bounds was sufficient to deny withdrawal under the Partition Act, specifically Sections 2 and 3.