CPC 1908 § Order XXIII, Rule 1 — Withdrawal of suit or abandenment of part of claim

Statutory text (English)

(1) At any time after the institution
of a suit the plaintiff may, as against all or any of the defendants, withdraw his suit or abandon part of
his claim.

(2) Where the Court is satisfied—
(a) that a suit must fail by reason of some formal defect, or
(b) that there are other sufficient grounds for allowing the plaintiff to institute a
fresh suit for the subject-matter of a 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
abandon such part of a claim with liberty to institute a fresh suit in respect of the subject-matter of
such suit or such part of a claim.

(3) Where the plaintiff withdraws from a suit, or abandons part of a claim, without the
permission referred to in sub-rule

(2), 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.

(4) Nothing in this rule shall be deemed to authorise the Court to permit one of several plaintiffs
to withdraw without the consent of the others.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XXIII, Rule 1 (WITHDRAWAL AND ADJUSTMENT OF SUITS): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 129, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

The record cites an official source, but its transcription is automated or only partly checked; a human re-check is pending.

Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 129) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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