Withdrawal and adjustment of suits (Order XXIII)

Two brothers in Dadar sue each other over their late father’s flat. Two years and many dates later, over a family dinner, they agree to split the property. Can they just tell the judge and go home? And what if one of them, tired of the case, simply wants to walk away and sue again later? Order XXIII decides which exits from a pending suit are open, what each exit costs, and when the Court will turn a private settlement into a decree.

In two minutes

A plaintiff may abandon his suit or part of his claim and lose the right to sue again, or withdraw with the Court’s permission and liberty to file afresh on limited grounds (O.XXIII r.1); and the Court records a lawful written, signed compromise and passes a decree on it (r.3).

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