Withdrawal of Suit -- Application for withdrawal under O 23 R 1 CPC can be withdrawn Before Court's Final Order Under Section 151 CPC
Filing of withdrawal application under Order XXIII Rule 1 CPC does not result in automatic dismissal of suit. An affirmative court order is required. Section 151 CPC permits plaintiff to withdraw the withdrawal application before court grants imprimatur, preserving locus poenitentiae. Treating withdrawal as automatic reduces court to passive role inconsistent with ends of justice. Procedural rules are handmaids of justice, not instruments to override substantive rights.
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