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.