Order 11 β Withdrawal of Appeal
Rule 1 Withdrawal of Appeal (Form 12).
An Appellant may at any time before the hearing of an appeal file a notice of withdrawal of the appeal at the Registry and serve the parties.
Rule 2 Withdrawal of Appeal by consent (Form 13).
If all parties to the appeal consent to the withdrawal of the appeal without an order of the Court, the Appellant may file in the Registry the document or documents signifying such consent and signed by the parties and/or their legal representatives and the appeal shall thereupon be deemed to have been withdrawn. In such event, any sum deposited against costs shall be paid out to the Appellant.
Rule 3 Effect of Withdrawal by consent.
The withdrawal of an appeal with the consent of the parties under Rule 2 of this Order shall be a bar to further proceedings under Order 9.
Rule 4 Effect of Unilateral Withdrawal.
A unilateral withdrawal of an appeal does not operate as a bar to the recovery of costs by any party affected thereby.
Rule 5 Appeal by Respondent after withdrawal.
Upon a unilateral withdrawal of an appeal a Respondent who has filed a Respondent Notice under Order 9, may proceed with the prosecution of his appeal in accordance with the provisions of these Rules.
Rule 6 Effect of withdrawal of an Appeal.
An appeal which has been withdrawn under this Order, with or without an order of the Court, shall be deemed to have been dismissed.