Order 23 rule 1 and order 2 rule 2

This query is : Resolved 
 

(Querist)
13 March 2014

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.


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 II R 2 are not applicable/attracted when you have already withdrawn the suit.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 II R 2 are not attracted when you have already withdrawn the suit.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 (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I agree with the experts opinion that the clause of O2R2 will not attract if the suit was withdrawn under O XXIII Rule 1.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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