APPLICATION UNDER ORDER 23, RULE 1 C. P.
C.
IN THE MATTER OF………………..
Suit ‘No………………… of 199………………..
In the Matter of: –
AB…………………………………………………………..
Plaintiff
versus
CD……………………………………………………….
Defendant
Most Respectfully Showeth:
1. That it is submitted that the present suit has been instituted for
the removal of……………….. who has been impleaaded as defendant
without obtaining the requisite permission of……………….. as
stipulated under Section 92 of the CPC.
2. That on account of the said defect the suit will fail.
PRAYER
It is most respectfully prayed that the applicaant-plaintiff may
kindly be permitted to withdraw the present suit so as to institute a
suit in respect of the same cause of action after obtaining necessary
permission of……………….. as stipulated under Section 92
CPC.
It is prayed accordingly. Applicant
Through Advocate
Place:………………..
Dated:………………..
AFFIDAVIT
IN THE COURT OF………………………………….
Suit No………………… /200
IN THE MATTER OF
AB……………………………………………
Plaintiff/Petitioner
versus
CD……………………………………..
Defendant/Respondent
AFFIDAVIT
I……………………………………………………….
resident of……………………………………
…………………………………………. do hereby solemnly
affirm and declare as under: –
1. That I am the……………………………………… in this
case and hence competent to swear this affidavit.
2. That the contents of the accompanying application are true and
correct.
DEPONENT
VERIFICATION
Verified at…………………………………… on
this………………………. day of
……………………………………. that the contents of the
above affidavit are true and correct to my knowledge.
DEPONENT
FILING OF FRESH SUIT IN RESPECT OF SAME SUBJECT MATTER
WITHOUT LEAVE OF COURT
Order 23, Rules 1(3) and (4) and Order 2, Rule
2
Under sub-rule (4) of Order 23, Rule 1, when plaintiff withdraws from
the suit without permission to file fresh suit for the same subject
matter as contemplated under sub-rule (3) then such plaintiff is
precluded from filing any fresh suit in respect of the same subject
matter.1
1. Smt. Nirwala v. Hari Singh, AIR 2001 Himachal Pradesh.