Order 23 rule 1 and order 2 rule 2

sanjeev kumar (Querist) 13 March 2014 This query is : Resolved
Sir,

I have filed a case of permanent and mandatory injunction. After a year I withdraw it with the permission to file a fresh case of same cause of action under order23 rule1.

Defendant contention is that the case is still hit by order 2 rule 2.

What is correct situation.

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Devajyoti Barman (Expert) 13 March 2014
If the court has granted liberty to file afresh in the same cause of action, then it is not hit by order 2 Rule 2 CPC.

Dr J C Vashista (Expert) 13 March 2014
In the instant case provisions of Or. II R 2 are not applicable/attracted when you have already withdrawn the suit.

Rajendra K Goyal (Expert) 13 March 2014
Agree, provisions of Or. II R 2 are not attracted when you have already withdrawn the suit.

T. Kalaiselvan, Advocate Online

(Expert) 13 March 2014
I agree with the experts opinion that the clause of O2R2 will not attract if the suit was withdrawn under O XXIII Rule 1.

sanjeev kumar (Querist) 14 March 2014
Thnaks sir, for your valueable advice. Can I have some supreme court /High court judgement as matter is in regular second appeal on the same issue. I am unable to find any quotable case

Dr J C Vashista (Expert) 14 March 2014
Firstly this forum donot provide citatations, find out, if you can get.
Secondly it is bare Act/law/procedure, which donot require any judgement.

Biswanath Roy (Expert) 14 March 2014
Order 23 Rule 1,can be invoked where the question arises for Withdrawal of a Suit or abandonment of part of claim arises.
WHEREAS,Order 2, Rule 2 denotes that the fresh Suit to include the whole claim.

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