Correct option is D
The maxim "Invito beneficium non datur" is relevant to Order 23, Rule 1 of the Code of Civil Procedure, 1908, which deals with the withdrawal and abandonment of suits. This principle means that the court cannot force a person to accept a legal benefit they do not want. In the context of Order 23, Rule 1, this maxim is applied when a plaintiff decides to withdraw or abandon their suit, thereby relinquishing any benefits they might have gained from the case.
Information Booster
Order 23, Rule 1, CPC (Withdrawal and Abandonment of Suits):
· Order 23, Rule 1 allows a plaintiff to withdraw their suit or abandon part of their claim at any stage of the proceedings.
· It reflects the principle of "Invito beneficium non datur", meaning the law does not compel a person to pursue a suit if they wish to give up their claim or the benefits that might arise from it.
· The plaintiff has the right to refile the suit with the court's permission, unless the suit is withdrawn without the liberty to file afresh.
Additional Knowledge
· Section 26: Deals with institution of suits but does not relate to the maxim.
· Order 6, Rule 1: Governs pleadings but is unrelated to the concept of voluntarily giving up a benefit.
· Section 148-A: Refers to caveat (a warning or provision), not relevant to the withdrawal of suits.
