Supreme Court · 2000 INSC 300 · Decided 8 May 2000

K.S. Bhoopathy and ORS. v. Kokilaand ORS.

Court
Supreme Court of India
Citation
2000 INSC 300 · [2000] 3 S.C.R. 1168
Case number
CIVIL APPEAL No. 3287/2000
Decided
8 May 2000
Bench
AJAY PRAKASH MISRA, D.P. MOHAPATRA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 11; Constitution Article 136

Headnote

Code of Civil Procedure, 1908 : Order XXIII, Rule 1(3)-Withdrawal of suit-Suit for injunction.filed to restrain running of flour mill and use of a pathway-Trial Coun decreed suit in favour of respondent and gave them exclusive right of user over pathway­ First Appellate Cou11 quashed the appeal before High Cou11 in order to file fresh suit with additional prayer for declaration of title over pathway-High Court allowed the application-On appeal Held, there is distinction between withdrawal which is termed as "abandonment" and with­ drawal with permission of

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