LI Network
Published on: January 20, 2024 at 11:27 IST
In a recent judgment, the Madhya Pradesh High Court addressed the crucial question of whether a plaintiff can withdraw from a lawsuit without the consent of co-plaintiffs.
A Single Bench, presided over by Justice Milind Ramesh Phadke, opined that “if one of several plaintiffs, having an independent right to relief that is severable from the rights claimed by other plaintiff(s), seeks to abandon their claim in the suit once and for all without reservation, and such abandonment does not impact the right to relief of the co-plaintiff(s), their consent would not be a prerequisite. The learned Court may, at its discretion, grant the prayer made before it on terms it deems just and proper, supported with reasons.”
The Court granted permission for withdrawal from the suit, emphasizing that when a plaintiff chooses to abandon or withdraw from the suit without seeking the court’s permission to file a fresh suit, they should not be compelled to continue participating in the proceedings solely because a transposed defendant does not consent to such abandonment without justification.
Order 23 of the CPC governs rules related to the withdrawal of a suit by a plaintiff. According to Order 23, Rule 1(1) of the CPC, a plaintiff can abandon a suit or a part of the claim at any time after the institution of the suit. Rule 1(5) of Order 23 stipulates that in the case of multiple plaintiffs, any single plaintiff shall not be allowed to abandon the suit or part of the claim without the consent of the other plaintiffs.
The petitioner and other plaintiffs’ predecessor-in-title had filed a civil suit for the declaration of title and permanent injunction concerning the suit property. During the proceedings, one of the plaintiffs passed away.
The Trial Court had previously allowed an application under Order 22 Rule 3 of CPC, as a legal representative for the deceased was already on record. Subsequently, other plaintiffs sought to withdraw the plaint under Order 23 Rule 1 of CPC, alleging that one of the plaintiffs had obtained their signatures without consent.
The trial court rejected the application, leading to a petition before the High Court. The High Court noted that all plaintiffs held an equal share in the property and possessed independent yet identical rights to sue.
The Court asserted that when one of several plaintiffs has an independent right to relief that is severable from the rights claimed by other plaintiffs, seeking to abandon the claim in the suit does not affect the right to relief of the co-plaintiff(s). Consequently, such consent would not be a prerequisite.
Accordingly, the Court set aside the impugned order and granted the petition.
Cause Title: Smt. Kapoori Bai & Ors. v. Neelesh & Ors.
