Rule 1 of CPC : Rule 1: Withdrawal of suit or abandonment of part of claim.

Explanation using Example

Example 1:

Ravi files a suit against his neighbor, Suresh, for encroaching on his property and causing damage to his garden. After the suit is filed, Ravi realizes that the damage to the garden was not as extensive as he initially thought. He decides to abandon the part of his claim related to the garden damage but continues with the suit regarding the property encroachment. According to Rule 1 of Order XXIII of the Code of Civil Procedure, 1908, Ravi can abandon part of his claim against Suresh.

Example 2:

Meena, a minor, represented by her next friend (her uncle), files a suit against a company for not delivering a product she purchased online. Later, they decide to withdraw the suit because they found out that the product was delivered to the wrong address and the company is willing to resolve the issue amicably. Since Meena is a minor, her uncle must seek the court's permission to withdraw the suit. He submits an application along with an affidavit stating that the withdrawal is in Meena's best interest. The court, after reviewing the application and affidavit, grants permission for the withdrawal.

Example 3:

Arjun files a suit against a contractor for poor construction work on his house. During the proceedings, Arjun realizes that his suit has a formal defect because he did not include a necessary party to the suit. Arjun applies to the court for permission to withdraw the suit with the liberty to file a fresh suit after correcting the defect. The court, satisfied with the reasons, grants Arjun permission to withdraw the suit and allows him to file a new suit after including the necessary party.

Example 4:

Priya and her brother Rajesh jointly file a suit against a tenant for not paying rent. Later, Priya wants to abandon the suit, but Rajesh wants to continue. According to Rule 1(5) of Order XXIII, Priya cannot abandon the suit without Rajesh's consent. Since Rajesh does not agree, Priya must continue with the suit.

Example 5:

Sunita files a suit against a car dealer for selling her a defective car. During the trial, she decides to withdraw the suit without seeking the court's permission. As a result, the court orders Sunita to pay the legal costs incurred by the car dealer and precludes her from filing a fresh suit on the same matter in the future.