A three-judge larger Bench of the Allahabad High Court, while hearing a civil matter, has clarified that merely filing an application for unconditional withdrawal of a suit does not result in automatic termination of the proceedings unless a specific order to that effect is passed by the court.
The Bench held that Order XXIII Rule 1 of the Code of Civil Procedure (CPC) confers a ‘right’, which may also be described as a ‘power’, upon a plaintiff to withdraw a suit instituted by him.
While this right is indeed absolute and does not ordinarily require any further act on the part of the court to be exercised, the Bench observed that such right or power cannot be read in derogation of Section 151 of the CPC, which preserves the inherent powers of the court.
Section 151, the court noted, enables a plaintiff to withdraw even an application seeking withdrawal of the suit, before the court renders itself functus officio by passing a final order.
The larger Bench comprising Justice Ajay Bhanot, Justice Rajesh Mishra and Justice Saumitra Dayal Singh laid special emphasis on the following observation that,
“If allowed ‘automatically’, besides leading to multiplicity of proceedings, it would result in obstructing the fair path of justice itself. The court would become a mere postman or spectator, entirely dependent on the conduct of a plaintiff (except in cases of fraud), with no eye on or intent to address the needs of justice. That dictation of the procedural law to override the substantive law may never be consistent to the ends of justice. Therefore, it may never be desirable.”
The reference to the larger Bench had been made by a Single Judge on two significant questions of law. The principal issue was whether a suit automatically stands terminated upon filing an application for withdrawal under Order XXIII Rule 1 CPC, or whether judicial approval by way of a court order is mandatory.
After undertaking a detailed analysis of the Supreme Court decisions in Anurag Mittal vs. Shaily Mishra Mittal and Rajendra Prasad Gupta v. Prakash Chandra Mishra & Ors., the High Court held that procedural law is a handmaid of justice and not its master.
The Court restated that there is no express legal bar on filing an application to withdraw an application seeking withdrawal of a suit during the pendency of proceedings.
The Bench further relied upon the Supreme Court judgments in Sunni Central Board of Waqfs vs. Sri Gopal Singh Visharad & Ors. and Raisa Sultana Begam & Ors. vs. Abdul Qadir & Ors., holding that until a court passes a formal order, a plaintiff may inform the Court that he does not wish to press the withdrawal application, in which event the same can be dismissed as withdrawn or not pressed.
While disposing of the petition filed by Jeera Devi and another, the Court underscored that in matters relating to withdrawal of suits, the Court is required to play an active role and legal consequences cannot automatically flow merely from the filing of an application.
The case originated from a civil dispute over land situated in Varanasi. After the death of the original plaintiff, her legal heirs and subsequently purchasers of the land sought to continue the suit.
During the pendency of proceedings, the daughter of the original plaintiff moved an application for unconditional withdrawal of the suit.
The application was refused by the trial court but allowed by the appellate court. This led to the instant petition being filed before the High Court under Article 227 of the Constitution.
In conclusion, the Court also emphasized that the rights of assignees (purchasers) who acquire an interest in the subject matter of the suit cannot be defeated by a unilateral act of withdrawal of a suit by the original plaintiff.
The Bench thus laid down the principle that withdrawal of a suit becomes effective only upon the court passing a lawful and reasoned order.
Case: Jeera Devi and another vs Additional District Judge Court No.12, Varanasi and 2 ors
Date of Order: 19.01.2026
See Order: Jeera Devi and another vs Additional District Judge Court No.12, Varanasi and 2 ors
