UPHJS2014
Pre. Exam

27. Parties to the suit can compromise in a suit
(A) Under order XXIII, Rule 3A of CPC
(B) Under order XXIII, Rule 3 of CPC
(C) Under order XXIII, Rule 1 of CPC
(D) Under order XXIII, Rule 4 of CPC

Answer and Notes Answer is B

UPHJS2018-1
Pre. Exam

82. After withdrawal of the suit, a plaintiff :
(a) can institute a fresh suit in respect of the same subject-matter
(b) can institute a fresh suit in respect of the same subject-matter only with the leave of the court
(c) can institute a fresh suit in respect of the same subject-matter, without
liberty of the court.
(d) cannot institute a fresh suit in respect of the same subject-matter, unless liberty is given at the time of withdrawal of the suit.

Answer and Notes Answer is D

Explanation : According to Order 23 Rule 1 (4) of CPC if the plaintiff withdraws
or abandons from suit without the permission of the Court then he shall be precluded rrom msdtunng any fresh suit in respect of such subject-matter or such part of the claim. Order 23 Rule 1 (3) of CPC protides that Court may grant the plaintiff permission to withdraw from such suit or such part of the claim with liotr :■ institute a fresh suit m respect of the subject-matter of such suit or such part of the claim.