Supreme Court · 1986 INSC 63 · Decided 4 April 1986

Konkan Trading Company v. Suresh Govind Kamat Tarkar & ORS.

Court
Supreme Court of India
Citation
1986 INSC 63 · [1986] 2 S.C.R. 182
Case number
CIVIL APPEAL No. 1205/1986
Decided
4 April 1986
Bench
E.S. VENKATARAMIAH, M.P. THAKKAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 148

Headnote

Civil Procedure Code, 1908, s.148 and Order 23 Rule 1(3) - Withdrawal of suit with liberty to file fresh suit - Permission granted on payment of 'costs' - Whether 'Costs' to be deposited 'after' or 'before' institution of fresh suit. A suit instituted by the appellant-firm against the respondents of costs of Rs. 100 with liberty to file a fresh suit on the salll! cause of action under sub-rule (3) of rule 1 of Order XXIII of the Code of Civil Procedure, 1908. The appellant-firm filed a fresh suit, which was opposed by the respondents contendig that the suit was not maintainable because

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