Order 23 MCQ Quiz - Objective Question with Answer for Order 23 - Download Free PDF

The correct answer is Or 23 Rule 1ACPC

Key Points Order XXIII – Withdrawal and Adjustment of Suits (CPC, 1908)

• Order XXIII of the Code of Civil Procedure, 1908 lays down the provisions regarding the withdrawal and adjustment of suits. This Order plays a crucial role in reducing the burden on courts by facilitating alternative means of dispute resolution. It enables parties to either abandon their suits or claims, or resolve their disputes through compromise or settlement agreements, thereby avoiding prolonged litigation.

Rule 1A – Transposition of Defendants as Plaintiffs
When a suit is withdrawn or abandoned by the plaintiff under Rule 1, a defendant may apply to be transposed as a plaintiff under Order I Rule 10. While considering such an application, the Court must examine whether the applicant has a substantial question to be determined against any of the other defendants. If such a question exists, the Court may permit the transposition, ensuring that the matter is properly adjudicated without unnecessary dismissal.

The correct answer is option 4.Key Points

• Order 23 of Civil Procedure Code 1908 deals with Suits by or against minors and persons of unsound mind.
• Rule 9 of O.23 deals with Removal of next friend.
• 1) Where the interest of the next friend of a minor is adverse to that of the minor or where he is so connected with a defendant whose interest is adverse to that of the minor as to make it unlikely that the minor's interest will be properly protected by him, or where he does not do his duty, or, during the pendency of the suit, ceases to reside within India, or for any other sufficient cause, application, may be made on behalf of the minor or by a defendant for his removal; and the Court, if satisfied of the sufficiency of the cause assigned, may order the next friend to be removed accordingly, and make such other order as to costs as it thinks fit.
• (2) Where the next friend is not a guardian appointed or declared by an authority competent in this behalf, and an application is made by a guardian so appointed or declared, who desires to be himself appointed in the place of the next friend, the Court shall remove the next friend unless it considers, for reasons to be recorded by it, that the guardian ought not to be appointed the next friend of the minor, and shall thereupon appoint the applicant to be next friend in his place upon such terms as to the costs already incurred in the suit as it thinks fit.

The correct option is Order XXIII Rule 3.

Key Points

• Order XXIII Rule 3 of the Code of Civil Procedure deals with the Compromise of suit.
• It states that: "Where it is proved to the satisfaction of the court that a suit has been adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject matter of the suit, the court shall order such agreement, compromise, or satisfaction to be recorded, and shall pass a decree in accordance therewith so far as it relates to the parties to the suit, whether or not the subject-matter of the agreement, compromise, or satisfaction is the same as the subject-matter of the suit."
• Where a compromise is voidable under the Indian Contract Act of 1872 but it cannot be deemed to be withdrawn under Order XXIII Rule 3 of the Code of Civil Procedure.
• This emphasizes that even if a compromise is legally challengeable or voidable under the Contract Act, it may still be recorded and acted upon in the civil proceedings unless properly challenged and set aside.

The correct answer is option 2.Key Points

• Order 23 of Civil Procedure Code 1908 deals with withdrawal and Adjustment of Suits.
• Rule 1 of O.23 deals with withdrawal of suit or abandonment of part of claim.
• It states at any time after the institution of a suit, the plaintiff may as against all or any of the defendants abandon his suit or abandon a part of his claim:
• Provided that where the plaintiff is a minor or other person to whom the provisions contained in rules 1 to 14 of Order XXXII extend, neither the suit nor any part of the claim shall be abandoned without the leave of the Court.
• An application for leave shall be accompanied by an affidavit of the next friend and also, if the minor or such other person is represented by a pleader, by a certificate of the pleader to the effect that the abandonment proposed is, in his opinion, for the benefit of the minor or such other person.
• Where the Court is satisfied,—
  • That a suit must fail by reason of some formal defect, or
  • That there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject matter of suit or part of a claim,
• It may, on such terms as it thinks fit grant the plaintiff permission to withdraw from such suit or such part of the claim with liberty to institute a fresh suit in respect of the subject-matter of such suit or such part of the claim.
• Where the plaintiff—
  • Abandons any suit or part of claim under sub-rule (1), or
  • Withdraws from a suit or part of a claim without the court permission,
  • He shall be liable for such costs as the Court may award and shall be precluded from instituting any fresh suit in respect of such subject-matter or such part of the claim.

The correct answer is option 4. Key Points

• Rule 1 of Order 32 deals with minor to sue by next friend.
• It says every suit by a minor shall be instituted in his name by a person who in such suit shall be called the next friend of the minor.
• Rule 3A of Order 23 deals with bar to suit.
• It says no suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful.
• Rule 1 of Order 40 deals with appointment of receivers.
• It says where it appears to the Court to be just and convenient, the Court may by order to appoint a receiver of any property, whether before or after decree.

The correct answer is option 4.Key Points

• Order 23 of Civil Procedure Code 1908 deals with Suits by or against minors and persons of unsound mind.
• Rule 9 of O.23 deals with Removal of next friend.
• 1) Where the interest of the next friend of a minor is adverse to that of the minor or where he is so connected with a defendant whose interest is adverse to that of the minor as to make it unlikely that the minor's interest will be properly protected by him, or where he does not do his duty, or, during the pendency of the suit, ceases to reside within India, or for any other sufficient cause, application, may be made on behalf of the minor or by a defendant for his removal; and the Court, if satisfied of the sufficiency of the cause assigned, may order the next friend to be removed accordingly, and make such other order as to costs as it thinks fit.
• (2) Where the next friend is not a guardian appointed or declared by an authority competent in this behalf, and an application is made by a guardian so appointed or declared, who desires to be himself appointed in the place of the next friend, the Court shall remove the next friend unless it considers, for reasons to be recorded by it, that the guardian ought not to be appointed the next friend of the minor, and shall thereupon appoint the applicant to be next friend in his place upon such terms as to the costs already incurred in the suit as it thinks fit.

The correct option is Order 23.

Key Points

• Under the Code of Civil Procedure of 1908, a plaintiff, who has instituted a suit before the court, also has the right to withdraw from such suit.
• Right of a plaintiff to withdraw from a suit:
  • Order 23 of the CPC governs the rules about the withdrawal of a suit by a plaintiff.
  • As per Order 23, Rule 1(1) of the CPC:
    • A plaintiff may abandon his suit or abandon a part of his claim at any time after the institution of a suit . As soon as an application is filed under this sub-rule, the withdrawal of the suit is complete and such withdrawal is not dependent on the court's order.
    • The court's permission is only required in case the plaintiff desires to institute a fresh suit for the same cause of action.
• The High Court of Judicature at Madras in Chettiar interpreted the language used under Order 23, Rule 1(1) of the CPC and held that while leave of the court for withdrawing a suit under this provision is not required, the liberty to withdraw from the suit is not an absolute one.
• The High Court of Judicature at Madras observed that when there are more plaintiffs than one, the expression "plaintiff" as under Order 23, Rule 1(1) of the CPC must be read as all the plaintiffs collectively and not to include only one amongst several plaintiffs.
• Thus, it was held that the court can refuse to allow one of several plaintiffs to withdraw from the suit if such a course is not consented to by the remaining plaintiffs and would be prejudicial to their interests.

The correct option is Option 4.

Key Points

• Order XXIII Rule 3 of the Code of Civil Procedure deals with the withdrawal of suits or abandonment of part of the claim.
• It states that: "Where it is proved to the satisfaction of the court that a suit has been adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject matter of the suit, the court shall order such agreement, compromise, or satisfaction to be recorded, and shall pass a decree in accordance therewith so far as it relates to the parties to the suit, whether or not the subject-matter of the agreement, compromise, or satisfaction is the same as the subject-matter of the suit."
• Where a compromise is voidable under the Indian Contract Act of 1872 but it cannot be deemed to be withdrawn under Order XXIII Rule 3 of the Code of Civil Procedure.
• This emphasizes that even if a compromise is legally challengeable or voidable under the Contract Act, it may still be recorded and acted upon in the civil proceedings unless properly challenged and set aside.

The correct answer is Option 4.

Key Points

• Order 23 CPC - Code of Civil Procedure - Withdrawal and Adjustment of Suits

1. Parties having a dispute come together and jointly decide to settle the conflict between them instead of taking the full course of a formal civil suit. 
2. Order 23 Rule 3 of the Code of Civil Procedure, 1908 states that when the parties have made an arrangement to settle the dispute entirely or in part the court if it is satisfied shall pass the decree to such effect and record the same.
3. The agreement should be legal, in writing and signed by the parties. It should  not be opposed to law and public policy.

The correct answer is order 23 Rule 3.

Key Points

• Parties having a dispute come together and jointly decide to settle the conflict between them instead of taking the full course of a formal civil suit.
• Order 23 Rule 3 of the Code of Civil Procedure, 1908 states that when the parties have made an arrangement to settle the dispute entirely or in part the court if it is satisfied shall pass the decree to such effect and record the same.
• The agreement should be legal, in writing and signed by the parties. It should not be opposed to law and public policy. 

The correct answer is option 4

Key PointsOrder 23 of the CPC governs the "withdrawal and adjustment of suits." Rule 1, introduced in 1976, outlines procedures for the plaintiff to abandon or withdraw from a suit.

• Types of Withdrawal:
  • Absolute Withdrawal: The plaintiff can abandon the suit or part of the claim without court permission, barring them from filing a fresh suit on the same cause of action.
  • Conditional Withdrawal: The plaintiff can withdraw with the court's permission, granting them liberty to file a fresh suit on the same cause of action.
• Conditions for Conditional Withdrawal:

The court may permit withdrawal if there's a formal defect or sufficient grounds for a fresh suit.
Failure to comply with withdrawal rules bars the plaintiff from filing a fresh suit on the same cause of action.

• Strict Adherence:

Courts strictly enforce Rule 1(3), requiring clarity from the plaintiff.
Ambiguity or vagueness in withdrawal requests can jeopardize the plaintiff's case.

• Legal Observations:

Non-compliance with withdrawal procedures can result in adverse consequences for the plaintiff.
The Supreme Court emphasized the importance of fulfilling the requirements for withdrawal, citing a case where the plaintiff failed to provide evidence and clarify the grounds for withdrawal.

The correct answer is answer option 4

 Key PointsOrder 23 of C.P.C. - WITHDRAWAL AND ADJUSTMENT OF SUITS

The right to Compromise with the defendant is not unrestricted right.

Explanation - Order XXIII talks about the Withdrawal and adjustment of suits. 

Withdrawal or adjournment can be done in two types of cases:

Withdrawal of suit or part of a claim with the permission of the court known as Qualified Withdrawal;

Withdrawal of suit without the permission of the court is known as Absolute Withdrawal.

Rule 1 (1) talks about the withdrawal of cases without the leave of the Court. The suit or part of the claim can be abandoned by the plaintiff without the leave of the court. This right comes with a restriction which is stated in Rule 1(4). It says, if the plaintiff abandoned a suit regarding a subject matter, then he cannot file a fresh suit regarding the same subject matter and has to bear the cost as the Court may prescribe. This principle is laid down on the legal maxim, Invito beneficium non-datur, which means the law confers, upon a man no rights or benefits which he does not desire 

The correct option is Order XXIII Rule 3.

Key Points

• Order XXIII Rule 3 of the Code of Civil Procedure deals with the Compromise of suit.
• It states that: "Where it is proved to the satisfaction of the court that a suit has been adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject matter of the suit, the court shall order such agreement, compromise, or satisfaction to be recorded, and shall pass a decree in accordance therewith so far as it relates to the parties to the suit, whether or not the subject-matter of the agreement, compromise, or satisfaction is the same as the subject-matter of the suit."
• Where a compromise is voidable under the Indian Contract Act of 1872 but it cannot be deemed to be withdrawn under Order XXIII Rule 3 of the Code of Civil Procedure.
• This emphasizes that even if a compromise is legally challengeable or voidable under the Contract Act, it may still be recorded and acted upon in the civil proceedings unless properly challenged and set aside.

The correct answer is option 2.Key Points

• Order 23 of Civil Procedure Code 1908 deals with withdrawal and Adjustment of Suits.
• Rule 1 of O.23 deals with withdrawal of suit or abandonment of part of claim.
• It states at any time after the institution of a suit, the plaintiff may as against all or any of the defendants abandon his suit or abandon a part of his claim:
• Provided that where the plaintiff is a minor or other person to whom the provisions contained in rules 1 to 14 of Order XXXII extend, neither the suit nor any part of the claim shall be abandoned without the leave of the Court.
• An application for leave shall be accompanied by an affidavit of the next friend and also, if the minor or such other person is represented by a pleader, by a certificate of the pleader to the effect that the abandonment proposed is, in his opinion, for the benefit of the minor or such other person.
• Where the Court is satisfied,—
  • That a suit must fail by reason of some formal defect, or
  • That there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject matter of suit or part of a claim,
• It may, on such terms as it thinks fit grant the plaintiff permission to withdraw from such suit or such part of the claim with liberty to institute a fresh suit in respect of the subject-matter of such suit or such part of the claim.
• Where the plaintiff—
  • Abandons any suit or part of claim under sub-rule (1), or
  • Withdraws from a suit or part of a claim without the court permission,
  • He shall be liable for such costs as the Court may award and shall be precluded from instituting any fresh suit in respect of such subject-matter or such part of the claim.