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november 2017

Supreme Court of India · 2017-11-30

ANIL KUMAR SINGH vs VIJAY PAL SINGH .

Citation / case number
SC 2010/17595
Court
Supreme Court of India
Petitioner
ANIL KUMAR SINGH
Respondent
VIJAY PAL SINGH .
Author
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
Bench
HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE

Judgment text excerpt

The Supreme Court examined the legality of the High Court's order that set aside the Trial Court's decision allowing the appellant to withdraw his suit under Order XXIII Rule 1 of the Code of Civil Procedure, 1908. The Court held that the High Court erred in interfering with the Trial Court's discretion, emphasizing that withdrawal of a suit is a right of the plaintiff unless it is shown to be an abuse of process. The Court reinstated the Trial Court's order, allowing the appellant to withdraw the suit with costs.

ANIL KUMAR SINGH vs VIJAY PAL SINGH . · Niyam