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Application for Withdrawal of Suit

Application to withdraw a suit with or without liberty to file a fresh suit under Order XXIII Rule 1 CPC. This document belongs to the General category.

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IN THE COURT OF THE [courtName] Civil Suit No. [suitNo] of 2024 IN THE MATTER OF: [plaintiffName] ... Plaintiff VERSUS [defendantName] ... Defendant APPLICATION UNDER ORDER XXIII RULE 1 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR WITHDRAWAL OF THE SUIT MOST RESPECTFULLY SHOWETH: 1. That the Plaintiff has filed the present suit for [relief]. 2. That during the pendency of the suit, the parties have settled the matter (or state other reason). 3. That the Plaintiff does not want to proceed with the suit. 4. That the Plaintiff seeks liberty to file a fresh suit on the same cause of action (if applicable). PRAYER: It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to: 1. Allow the Plaintiff to withdraw the suit [with/without] liberty to file a fresh suit; 2. Pass any other order as this Hon'ble Court may deem fit and proper. PLAINTIFF VERIFICATION: Verified at [place] on this [date] that the contents of paragraphs 1 to 4 are true to my knowledge and belief.
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