Withdrawal of suit without permission to file fresh suit

--- O. XXIII, R. 1 --- Withdrawal of suit --- Suit “dismissed as withdrawn” --- Effect --- Where an earlier suit was “dismissed as withdrawn” and was withdrawn without seeking permission of the Court to institute a fresh suit on the same cause of action, such withdrawal is a withdrawal simpliciter and squarely attracts the bar contained in Order XXIII Rule 1(3), CPC, thereby precluding the institution of a subsequent suit in respect of the same subject-matter.

--- O. XXIII, R. 1 --- Withdrawal of suit and permission to file fresh suit --- Failure to obtain leave --- Effect --- Where a previous suit on the same cause of action is dismissed in default and an application for restoration coupled with a request for withdrawal with liberty to file a fresh suit is dismissed, the institution of a subsequent (third) suit is blatantly barred --- A party cannot bypass the requirement of seeking express permission from the court to file a fresh suit by simply initiating new litigation after a previous failure on the same subject matter.