Code of Civil Procedure, 1908–Order 23, Rule 1–Scope–Plaintiff can abandon a suit or withdraw his claim as a matter of right without permission of Court but in that case he will be precluded from suing action on the same cause of action–But in case, plaintiff seeks withdrawal of his suit under subrule 3, Court may grant permission for withdrawal subject to its satisfaction with liberty to sue afresh on the same cause of action.
