376
In forceDiscontinuance of action
Part 12Discontinuance and withdrawal
376 Discontinuance of action
A plaintiff, by notice, may discontinue, wholly or in part, an action against a defendant – at any time before delivery of a defence; or after the delivery of a defence and before taking any other step in the action, other than making an interlocutory application.
At any time before judgment, the Court or a judge may grant leave – to a plaintiff to discontinue, wholly or in part, an action against all or any of the defendants; or to a defendant to discontinue, wholly or in part, a counterclaim against all or any of the defendants to the counterclaim.
Leave may be granted on any terms as may be just.
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