Return of the Civil Procedure Code Order XXIII of CPC OXII and return of the suit pursuant to sub-rule (1) of Rule O XXXII, R, may be withdrawn at any time without the prior court approval, but the said law Under sub-rule (2), the court may, with the permission of the court, relinquish the suit filed with the court to set up a new trial, where the plaintiff did not wish to establish a new case, he could withdraw his case and Withdrawal was allowed. The purpose of R1 of O XXIII, not necessarily the CPC, was to prevent the plaintiff from filing a fresh case after failing to take care and diligence first, returning his case at any time. Take it, but he couldn't file. A fresh suit on the same subject, unless permission to insert a new suit, O XXIII, R 1 (3) to file a fresh case before dismissing the pending suit, sub Rule 3 (3) of O XXIII. Delivery, CPC can not be defeated by setting fresh SU before filing suit
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