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Defendant Can’t Object To Mere Withdrawal Of Suit By Plaintiff

The Supreme Court, in Anil Kumar Singh vs Vijay Pal Singh, has held that defendant has no right to compel the plaintiff to prosecute the suit by opposing the withdrawal of suit sought by the plaintiff except to claim the cost for filing a suit against him.

The court observed that mere withdrawal of the suit without asking for anything more can be always permitted since while making a prayer to withdraw the suit under Rule 1(1), the plaintiff does not ask for any leave to file a fresh suit on the same subject matter.

The Court however, clarified that if the  plaintiff applies for withdrawal of the suit along with a prayer to grant him permission to file a fresh suit on the same subject matter, then in such event, the defendant can object to such prayer made by the plaintiff.

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