Case Note & Summary
The plaintiff, since deceased represented by her legal representatives, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging an order dated 21.03.2024 passed by the LXXV Additional City Civil and Sessions Judge, Bengaluru, in O.S.No.8121/2012. The trial court had rejected the memo filed by the plaintiff seeking dismissal of the suit as not pressed. The High Court, after hearing the parties, observed that the plaintiff has a right to withdraw the suit under Order XXIII Rule 1 CPC, and the mere filing of a written statement or framing of issues does not bar such withdrawal. The court found that the trial court's order was not in accordance with law and suffered from material irregularity. Consequently, the High Court allowed the civil revision petition, set aside the impugned order, and allowed the memo filed by the plaintiff, thereby dismissing the suit as not pressed. The court directed that the suit stands dismissed as not pressed.
Headnote
A) Civil Procedure - Withdrawal of Suit - Order XXIII Rule 1 CPC - Dismissal as not pressed - The plaintiff filed a memo seeking dismissal of the suit as not pressed. The trial court rejected the memo on the ground that the defendant had already filed a written statement and issues were framed. The High Court held that the plaintiff has a right to withdraw the suit under Order XXIII Rule 1 CPC, and the mere filing of a written statement or framing of issues does not bar such withdrawal. The court set aside the order and allowed the memo, dismissing the suit as not pressed. (Paras 1-3) B) Civil Procedure - Civil Revision - Section 115 CPC - Interference with interlocutory order - The High Court, in exercise of its revisional jurisdiction under Section 115 CPC, set aside the trial court's order rejecting the memo for dismissal as not pressed, as the order suffered from material irregularity and was not in accordance with law. (Paras 1-3)
Issue of Consideration
Whether the trial court was justified in rejecting the memo filed by the plaintiff seeking dismissal of the suit as not pressed, on the ground that the defendant had already filed a written statement and issues were framed.
Final Decision
The High Court allowed the civil revision petition, set aside the order dated 21.03.2024, and allowed the memo filed by the plaintiff, thereby dismissing the suit as not pressed.
Law Points
- Right to withdraw suit
- Order XXIII Rule 1 CPC
- Dismissal as not pressed
- Memo for dismissal
- Rejection of memo
- Civil revision jurisdiction under Section 115 CPC
