APCRPCO Form No. 32 : Order for Withdrawal of Suit
Act
Summary
Form No. 32 of the Andhra Pradesh Civil Rules Of Practice and Circular Orders, 1990, outlines the process for a plaintiff to withdraw a suit. It specifies conditions under which the plaintiff may withdraw, including payment of costs to the defendant. Failure to meet these conditions results in dismissal of the suit with costs imposed on the plaintiff.
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Explanation using Example
Example 1: Withdrawal with Payment of Costs
Introduction: Ravi, a businessman in Andhra Pradesh, files a suit against his supplier for breach of contract. Midway through the proceedings, Ravi realizes that he lacks sufficient evidence to support his claim and decides to withdraw the suit.
Application: According to FORM No. 32 of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, Ravi applies for leave to withdraw the suit with the liberty to bring a fresh suit. The court orders that Ravi must pay the defendant Rs 10,000 as costs by the 15th of the following month.
Outcome: If Ravi pays the costs by the specified date, he is allowed to withdraw the suit and may file a new suit later if he gathers more evidence. Failure to pay by the deadline will result in the suit being dismissed with costs, and Ravi will owe the defendant Rs 10,000 plus interest at 6% per annum until paid.
Conclusion: Compliance with the court's order allows Ravi to strategically withdraw without prejudice, while non-compliance results in financial penalties and dismissal of the suit.
**Exampl...
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