R. RATHINAVEL CHETTIAR AND ANOTHER versus V. SIVARAMAN AND OTHERS

R. RATHINAVEL CHETTIAR AND ANOTHER versus V. SIVARAMAN AND OTHERS

Where a decree passed by the trial court is challenged in appeal, the plaintiff cannot be allowed to withdraw the suit at that stage so as to destroy the decree and take away rights vested in parties, unless strong reasons are shown demonstrating no prejudice to vested rights.

Parties
Appellant: R. RA THINA VEL CHETTIAR; Respondent No. 1 (plaintiff in Suit): V. SIVARAMAN; Respondent No. 2 (defendant in Suit): Shakunthala (widow of brother of respondent no.1); Defendant in Suit: Vinayagam
Jurisdiction
India
Judgment Date
31 March 1999
Procedural Posture
Civil Appeal / Decision on Appeal From High Court Order Allowing Withdrawal of Decreed Suit at Appellate Stage
Outcome
Appeal allowed
Legal Topics
Withdrawal of Suit, Vested Rights Under Decree, Order 23 CPC, Order 22 Rule 10 CPC, Transfer of Property Pendente Lite
Civil Procedure Withdrawal of Suit Vested Rights Under Decree Order 23 CPC Order 22 Rule 10 CPC Transfer of Property Pendente Lite

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Parties

R. RA THINA VEL CHETTIAR

Appellant

V. SIVARAMAN

Respondent No. 1 (plaintiff in Suit)

Shakunthala (widow of brother of respondent no.1)

Respondent No. 2 (defendant in Suit)

Vinayagam

Defendant in Suit

Procedural Posture

Civil Appeal / Decision on Appeal From High Court Order Allowing Withdrawal of Decreed Suit at Appellate Stage

Legal Issues

  1. 1 Whether plaintiff can withdraw a decreed suit at the stage of appeal and thereby destroy the decree and vested rights of parties.
  2. 2 Effect of unconditional withdrawal at appellate stage after decree and transfer of property pendente lite.

Ratio Decidendi

Where a decree passed by the trial court is challenged in appeal, the plaintiff cannot be allowed to withdraw the suit at that stage so as to destroy the decree and take away rights vested in parties, unless strong reasons are shown demonstrating no prejudice to vested rights.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of High Court allowing withdrawal set aside.
  • Application for withdrawal of suit rejected.