Supreme Court of India · 2008-09-01
Sadhna Jain & Anr vs Sheikh Khalikuzzama (D) By Lrs. & Ors
- Court
- Supreme Court of India
- Petitioner
- Sadhna Jain & Anr
- Respondent
- Sheikh Khalikuzzama (D) By Lrs. & Ors
- Bench
- Cyriac Joseph, S.B. Sinha
Judgment text excerpt
The Supreme Court addressed the issue of withdrawal of a suit under Order 23 Rule 1(4) CPC, emphasizing that once an application for unconditional withdrawal is filed, the court cannot proceed to deliver a judgment on the merits of the case. The Court held that the appellate court has discretion to allow or deny withdrawal, and that the trial court can impose costs. The appeal was allowed, setting aside the High Court's judgment and dismissing the suit with costs, reaffirming the procedural requirements for withdrawal of suits.