The Plaintiff Has No Absolute Right, At The Appellate Stage, To Withdraw From The Suit: Kerala HC [Read Judgment]

The plaintiff has no absolute right, at the appellate stage, to withdraw from the suit, the Kerala High Court has observed.Justice R. Narayana Pisharadi observed that the Appellate Court, before granting such liberty to withdraw a suit has to consider whether any right had accrued in favour of the defendant by the dismissal of the suits by the trial court and by granting permission to. Rule 1 states that, where the Court is satisfied, -- that a suit must fail by reason of some formal defect, or that there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject matter of a suit or part of a claim, it may, on such terms as it thinks fit, grant the plaintiff permission to withdraw from such suit or such part of the claim with liberty to institute a fresh suit in respect of the subject-matter of such suit or such part of the claim. No requirement that "sufficient ground" pleaded by the plaintiff for seeking permission to withdraw the suit with liberty to institute fresh suit shall be analogous to a formal defec The court added that if the plaintiff wants to withdraw from the suit and institute a fresh suit on the same subject matter, he has to seek and obtain permission from the court. There is no requirement that "sufficient ground" pleaded by the plaintiff for seeking permission to withdraw the suit with liberty to institute fresh suit shall be analogous to a formal defect.