Code of Civil Procedure, 1908–Order 22, Rule 1(3)–Scope–If a plaintiff applies for withdrawal of the suit along with a prayer to grant him permission to file a fresh suit on the same subject-matter, defendant can object to such prayer–In such event, it is for the Court to decide as to whether the permission to seek withdrawal of the suit should be grantful to the plaintiff and, if so, on which terms as provided in sub-rule (3) of Rule 1.
