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In a recent case the bench of a bench of Justice R.K. Agrawal and Justice A.M. Sapre, supreme court of India has held that the plaintiff has full right to institute a suit and also have right for the withdrawal it under order XXXIII rule 1 of Civil Procedure Court. If the plaintiff is withdrawing his suit in order to file a fresh suit on the same subject matter then the defendant can object such withdrawal but if the plaintiff is unconditionally withdrawing the suit then the defendant has no right to object such withdrawal.
In this case, the plaintiff had filed injunction suit and his application under Order XXIII Rule 1 to withdraw the suit was granted by the trial court. When the plaintiff is withdrawing to file a fresh suit then the defended can object and can asked for the compensation or the money which he invested in the earlier litigation and it is mandatory on part of the plaintiff to pay such amount but if no fresh suit is to be filed then the defendant cannot only but only the court can have compensation for the time wasted the suit. This order is also connected to rule 8 Order 1 sub order 3 as under it if there are more than one plaintiff then one of them can file a suit on their behalf and in the same way if there are more than one plaintiff then anyone of them can withdraw the suit on behalf of the others.
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