Permission of the Court

Where the plaintiff was asking for permission of the Court to file a fresh suit, in his request in such behalf, he must elucidate and explain to the Court reason(s) for the withdrawal, justifying the permission of the Court

Court while allowing or disallowing the permission was duty bound to advert to the reasons propounded by the plaintiff and to pass a speaking order assigning reasons for its conclusion, meeting the objective requirement of rule of 'satisfaction' as envisaged by O.XXIII, R.1(2), C.P.C.

Where Court allowed the requisite permission, the order in such behalf must spell out the objectivity test of 'satisfaction' so that it could be gauged and judged that the request of the plaintiff for withdrawal was not tainted with an oblique and mala fide motive; it was not meant to cause harm and prejudice the defendant(s) and put him in an disadvantageous position, and the request was not motivated to misuse the authority of the Court and abuse the process of law

Where permission to file fresh suit was refused by the Court, the suit should not then be dismissed as withdrawn, because the plaintiff in such an eventuality might review his stance and then not press for his request of withdrawal at all, because otherwise he might have to face the bar and preclusion of filing a fresh suit, which bar he might not like to incur and might like to continue with the same suit.