The Plaintiff Has No Absolute Right, At The Appellate Stage, To Withdraw From The Suit: Kerala HC

The plaintiff has no absolute right, at the appellate stage, to withdraw from the suit, the Kerala High Court has observed. Justice R. Narayana Pisharadi observed that the Appellate Court, before granting such liberty to withdraw a suit has to consider whether any right had accrued in favour of the defendant by the dismissal of the suits by the trial court and by granting permission to withdraw from the suits, whether the defendant would be deprived of any such right? The court was considering a petition challenging an order passed by a first appellate court, granting permission to the plaintiff to withdraw the two suits instituted by him with liberty to file fresh suit/suits on the same subject matter.