The Outlines of Procedure in An Action in the Kings Bench Division for the Us
The Outlines of Procedure in An Action in the Kings Bench Division for the Us
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The plaintiff may at any time before receipt of the Defence, or, after receipt of Defence before taking any other proceeding except interlocutory applications, wholly discontinue his action or withdraw any part of his cause of action. Notice in writing must be given to the defendant, who may then tax his costs of the action or the costs occasioned by the part withdrawn, and if they are not paid within four days after taxation may sign judgment for them. The discontinuance or withdrawal is not i...n this case a defence to any subsequent action [Order XXVI. , rr. 1, 3].
If, therefore, the obstacle in the way of the plaintiff's success was merely a temporary one, due, for example, to his inability to procure necessary evidence, he may in this case bring a fresh action if he can succeed in overcoming his difficulties.
2. Discontinuance by leave. In all other cases a plaintiff cannot discontinue without leave of the Court or a Judge. A defendant can never withdraw a Defence or Counterclaim without leave.
What to read after The Outlines of Procedure in An Action in the Kings Bench Division for the Us?
You can find similar books in the "Read Also" column, or choose other free books by A M Alured Myddelton Wilshere to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
The plaintiff may at any time before receipt of the Defence, or, after receipt of Defence before taking any other proceeding except interlocutory applications, wholly discontinue his action or withdraw any part of his cause of action. Notice in writing must be given to the defendant, who may then tax his costs of the action or the costs occasioned by the part withdrawn, and if they are not paid within four days after taxation may sign judgment for them. The discontinuance or withdrawal is not i...n this case a defence to any subsequent action [Order XXVI. , rr. 1, 3].
If, therefore, the obstacle in the way of the plaintiff's success was merely a temporary one, due, for example, to his inability to procure necessary evidence, he may in this case bring a fresh action if he can succeed in overcoming his difficulties.
2. Discontinuance by leave. In all other cases a plaintiff cannot discontinue without leave of the Court or a Judge. A defendant can never withdraw a Defence or Counterclaim without leave.
What to read after The Outlines of Procedure in An Action in the Kings Bench Division for the Us?
You can find similar books in the "Read Also" column, or choose other free books by A M Alured Myddelton Wilshere to read onlineMoreLess
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