Today: 13 Sep, 19 Rabi ul Awal 1447, 29 Bhadon

Application for Withdrawal of Suit | Sample Draft & Affidavit

Application for Withdrawal of Suit | Sample Draft & Affidavit

IN THE COURT ______________________ LEARNED

CIVIL JUDGE LAHORE

In ref: –

VS

(SUIT FOR_________)

 

APPLICATION UNDER ORDER XXIII RULE 1 OF C.P.C FOR WITHDRAWAL OF SUIT

Respectfully Sheweth: –

 

  • That the Applicant/Plaintiff filed the above-titled suit which is pending adjudication before this Hon’ble Court.
  • That the Applicant/Plaintiff, due to [insert reason – e.g., settlement between the parties / personal reasons / better remedy available], does not wish to further proceed with the instant suit.
  • That under Order XXIII Rule 1 of the Code of Civil Procedure, 1908, the Applicant/Plaintiff is fully competent to withdraw the present suit at any stage of proceedings.
  • That in light of the above position, the Applicant/Plaintiff humbly prays for withdrawal the suit in accordance with law.
  • That no prejudice will be caused to the Defendant by grant of this application.

Prayer:

In view of the above, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to allow the applicant/plaintiff to withdraw the instant suit as per law.

Any other relief deemed just and proper in the circumstances may also be granted.

 

Petitioner

 

                                                                  Through

                                                               

                                                                        ADVOCATE HIGH COURT


Affidavit Draft

 

IN THE COURT ______________________ LEARNED

CIVIL JUDGE LAHORE

In ref: –

VS

 

 

APPLICATION UNDER ORDER XXIII RULE 1 OF C.P.C FOR WITHDRAWAL OF SUIT WITH PERMISSION TO FILE A FRESH SUIT

Affidavit of:         _______ S/O _______ R/O _____________

I, the above-named deponent does here by solemnly declare and affirms as under:

That the contents of the accompanying application may kindly be read as integral part of this affidavit.

The contents of accompanying application are correct and true to the best of my knowledge and believe and nothing has been concealed.

                                                                                                   Deponent

Verification: –

Verified on oath this th day of _____ that the contents of the plaint are true to the best of my knowledge and belief and nothing is concealed.

                                                                                                  Deponent

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