P&H: Refuses for Withdrawal of Suit as petitioner Alleges False pleading of construction over vacant plot in dispute

punjab-haryana
⚖️ Order Date: 29 May 2026
Headnotes
Civil Procedure Code, 1908, O.23.R.1 — Withdrawal of suit — Plaintiff cannot be compelled to continue with suit if he no longer wishes to prosecute it, but permission to withdraw with liberty to institute a fresh suit cannot be granted where the defect does not amount to a formal defect and goes to the very root of the case. (Paras 3 and 8) Civil Procedure Code, 1908, O.23.R.1 — Withdrawal of suit — Formal defect

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Facts of the Case
P&H: Refuses for Withdrawal of Suit as petitioner Alleges False pleading of construction over vacant plot in dispute Punjab and Haryana High Court has refused to interfere with a trial court order that denied a plaintiff permission to withdraw a civil suit with liberty to file a fresh one on the same cause of action. The petitioner had originally filed a suit for permanent injunction, claiming peaceful possession over the property and stating that he

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