Principle

CIVIL PROCEDURE — Discontinuance of Action — Proper Order Where Leave Not Required

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Order 23 Rule 1 typically has two limbs: the first allows discontinuance without leave before trial or after settlement; the second requires leave of court in certain circumstances. Under the first limb, the plaintiff's right is absolute—the court has no discretion to refuse or to…

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