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september 2008

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.

Sadhna Jain & Anr vs Sheikh Khalikuzzama (D) By Lrs. & Ors · Niyam