Application for withdrawal of a suit (O23 R1)

Withdrawing a suit, with or without liberty to file again.

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How the paper begins

With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.

IN THE COURT OF Civil Judge (Junior Division), Amarnagar

Civil Suit No. 412 of 2025

Vikram Singh son of Shri Harbans Singh, aged about 52 years, resident of House No. 45, Gulab Colony, Amarnagar, Tehsil and District Amarnagar, Punjab

…Applicant

Versus

Kabir Sharma son of Shri Dev Sharma, aged about 44 years, resident of House No. 7, Basant Vihar, Amarnagar, Tehsil and District Amarnagar, Punjab

…Respondent

APPLICATION UNDER ORDER XXIII RULE 1 CPC

Respectfully Showeth:

1.That the applicant does not wish to proceed with the above suit because the suit was filed in the wrong court for want of pecuniary jurisdiction.

2.That the suit suffers from a formal defect, or there are sufficient grounds, for allowing the applicant to file a fresh suit under Order XXIII Rule 1(3).

PRAYER:

It is, therefore, respectfully prayed that the applicant may kindly be permitted to withdraw the above suit with liberty to file a fresh suit on the same cause of action.

Any other relief which this Hon'ble Court deems fit may also be granted in the interest of justice.

Place: Amarnagar
Date: 12-10-2026

Vikram Singh
Through Counsel

What to bring

Papers to bring

The main case: its number and year, the court, the names of the parties and the next date
The reason in writing; to sue again, the formal defect or other ground (for example a wrong valuation, a missing party or the wrong court)
Your identity proof: the court usually records your own statement before allowing the withdrawal

Where to go

Filed through your advocate in the court where the suit is pending; you usually come in person, and the court records your statement and passes the order.

Fee

Court fee and welfare stamps, where needed, are put on as the court office directs; ask the counter for today's amounts. The advocate's fee is separate.

Good to know

Without the court's permission to file afresh, you cannot sue again on the same claim, and the court may order you to pay the other side's costs.
A fresh suit filed with permission must still be within its time limit; the time taken by the first suit is not left out.
If the case has been settled, a compromise is recorded instead: see "Joint compromise statement".

Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.

Stamp paper

Court fee and welfare stamps, where needed, are affixed as the court office directs.