ATTORNEY GENERAL FINAL
The Plaintiff demonstrated sufficient grounds for withdrawal under Order XXIII Rule 1(2)(b) of the Civil Procedure Code. The failure to effect service within the time directed does not override the Plaintiff's right to withdraw the suit in the peculiar circumstances of this case. The application to strike out the suit is overtaken by events and lacks merit in light of the Plaintiff’s prior and substantiated prayer.
Source excerpt
- Withdrawal of suit
- Service of summons
- Striking out of suit