Recall of Order -- Striking Off Defence -- Acceptance of costs by plaintiff bars challenge to recall order
Civil Procedure Code, 1908, S.151 -- Recall of Order -- Striking Off Defence -- Where a court recalls an order striking off defence subject to payment of costs, acceptance of those costs by the plaintiff operates as estoppel against any subsequent challenge to the recall order. The plaintiff cannot approbate and reprobate — having accepted the benefit of the conditional order, the right to contest it is extinguished.
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