Code of Civil Procedure, 1908–Order 23, Rule 1(1)–Permission to withdraw a suit in full or part–Plaintiff is always liberty to do so–Defendant cannot raise any objection except to ask for payment of the cast to him by plaintiff as provided in sub-rule (4)–In other words, the defendant has no right to compel the plaintiff to prosecute the suit by opposing the withdrawal of suit sought by plaintiff except to claim the caset for filing a suit against him.
