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    Question

    A plaintiff while withdrawing the suit ____________

    A may abandon the claim. Correct Answer Incorrect Answer
    B may abandon the part of claim. Correct Answer Incorrect Answer
    C may abandon the claim except when plaintiff is a minor. Correct Answer Incorrect Answer
    D may abandon the claim and when plaintiff is a minor with leave of court. Correct Answer Incorrect Answer
    E may abandon the claim and when plaintiff is a minor a portion of claim only can be abandoned with leave of court. Correct Answer Incorrect Answer

    Solution

    CPC  Order XXIII Rule 1. Withdrawal of suit or abandonment of part of claim .—(1) At any time after the institution of a suit, the plaintiff may as against all or any of the defendants abandon his suit or abandon a part of his claim: Provided that where the plaintiff is a minor or other person to whom the provisions contained in rules 1 to 14 of Order XXXII extend, neither the suit nor any part of the claim shall be abandoned without the leave of the Court.

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