Rule 1 Order XXIII of Code of Civil Procedure 1908 "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.
(2) An application for leave under the proviso to
sub-rule (1) shall be accompanied by an affidavit of the
next friend and also, if the minor or such other person is
represented by a pleader, by a certificate of the pleader to
the effect that the abandonment proposed is, in his opinion,
for the benefit of the minor or such other. person.
(3) Where the Court is satisfied,-
(a) that a suit must fail by reason of some formal defect,
or