Order 50 — Withdrawal and Discontinuance

A party who has entered an appearance in an action may withdraw the appearance at any time with leave of the Court.

(1) The plaintiff in an action may, without the leave of the Court, discontinue the action, or withdraw any claim made by him, as against the defendant at any time not later than 14 days after service of the defence on him or, where there are two or more defendants, of the defence last served, by serving a notice to that effect on the defendant concerned.

(a) A defendant may, without leave of Court:

(a) withdraw his defence or any part of it at any time; or

(b) discontinue a counter-claim, or withdraw any claim made by him, as against any party against whom it is made, at any time not later than 14 days after service on him of a defence to the counter-claim or, if the counter-claim is made against two or more parties, of the defence to the counter-claim last served, by serving a notice to that effect on the plaintiff or other party concerned.

(3) Where there are two or more defendants to an action, not all of whom served a defence on the plaintiff and the period fixed by or under this rule for service by any of those defendants of his defence expires after the latest date on which any other defendant serves his defence, the provisions of sub-rule (1) of this rule shall have effect as if the reference to the service of the defence last served, were a reference to the expiration of that period.

(4) The provisions of sub-rule (3) of this rule shall apply in relation to a counter-claim as it applies in relation to an action, with the substitution for references to a defence, to the plaintiff and to sub-rule (1) of this rule, of references to a defence to counter-claim, to the defendant and to sub-rule (2) of this rule respectively.

(5) Where the parties to an action consent, the action may be withdrawn without leave of the Court at any time before trial by filing in the registry a written consent to the action being withdrawn signed by the parties, and the action shall thereafter be struck out by the Court.

(1) Except as provided by rule 2 of this order, a party may not discontinue any action or counter-claim, or withdraw any claim made by him without leave of the Court, and the Court hearing an application for the grant of the leave may order the action or counter-claim to be discontinued or any claim made to be struck out, as against any or all of the parties against whom it is brought or made on such terms as to cost, the bringing of a subsequent action or otherwise as it thinks just.

(2) An application for the grant of leave under this rule may be made by summons or motion on notice.

Subject to any terms imposed by the Court in granting leave under rule 3 of this order, the fact that a party has discontinued an action or counter-claim or withdrawn a particular claim made by him shall not be a defence to a subsequent action for the same, or substantially the same cause of action.

Where a party has discontinued an action or counter-claim or withdrawn any claim made by him, and he is liable to pay cost to any other party of the action or counter-claim or the cost occasioned to any other party by the claim withdrawn, then if, before payment of the cost, he subsequently brings an action for the same or substantially the same cause of action, the Court may order the proceedings in that action to be stayed until the cost is paid.

A party who has taken out a summons or filed a motion in a pending cause or matter may not withdraw it without leave of the Court.