The ‘power to grant ‘permission to withdraw’ a ‘suit’ with ...
Companies Law
October 10, 2023
The ‘power to grant ‘permission to withdraw’ a ‘suit’ with ‘Liberty to file a fresh suit’, is to be used very cautiously. Also that ‘withdrawal of a suit’, as ‘plaintiff’, wants to file fresh ‘suit’ ‘on a new cause of action’, ‘Leave’ of the court, is not required - A ‘Court of Law’, cannot exercise its ‘discretionary jurisdiction’ de-hors, the ‘Statutory Law’ and in fact, ‘its discretion’ must be exercised in terms of the ‘existing statute’. - AT
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