1.Withdrawal of appearance. (O. 21 r. 1)
A party who has entered an appearance in an action may withdraw the appearance at any time with the leave of the Court.
2.Discontinuance of, etc., without leave. (O. 21 r. 2)
(1) The plaintiff in an action begun by writ may, without the leave of the Court, discontinue the action, or withdraw any particular claim made by him therein, as against any or all of the defendants at any time not later than 14 days after service of the defence on him or, if there are two or more defendants, of the defence last served, by serving a notice in Form 36 to that effect on the defendant concerned.
(2) A defendant may, without the leave of the Court–
(a) withdraw his defence or any part of it at any time;
(b) discontinue a counterclaim, or withdraw any particular claim made by him therein, as against any or all of the parties against whom it is made, at any time not later then 14 days after service on him of a defence to counterclaim or, if the defence to counterclaim is made against two or more parties, of the defence to counter claim, last served. by serving a notice in Form 36 to that effect on the plaintiff or other party concerned.
(3) Where there are two or more defendants to an action not all of whom serve a defence on the plaintiff, and the period fixed by or under these rules for service by any of those defendants of his defence expires after the latest date on which any other defendant serves his defence, paragraph (1) shall have effect as if the reference therein to the service of the defence last served were a reference to the expiration of that period.
This paragraph shall apply in relation to a counterclaim as it applies in relation to an action with the substitution for references to a defence, to the plaintiff and to paragraph (1), of references to a defence to counterclaim, to the defendant and to paragraph (2) respectively.
(4) If all the parties to an action consent, the action may be withdrawn without the leave of the Court at any time before trial by producing to the Registrar a written consent to the action being withdrawn signed by all the parties.
3.Discontinuance of action, etc., with leave. (O. 21 r. 3.)
(1) Except as provided by rule 2, a party may not discontinue an action (whether begun by writ or otherwise) or counterclaim, or withdraw any particular claim made by him therein, without the leave of the Court, and the Court hearing an application for the grant of such leave may order the action or counterclaim to be discontinued, or any particular claim made therein to be struck out, as against any or all of the parties against whom it is brought or made on such terms as to costs, the bringing of a subsequent action or otherwise as it thinks just.
(2) An application for the grant of leave under this rule may be made by summons.
4.Effect of discontinuance. (O. 21 r. 4)
Subject to any terms imposed by the Court in granting leave under rule 3, the fact that a party has discontinued an action or counterclaim or withdrawn a particular claim made by him therein shall not be a defence to a subsequent action for the same, or substantially the same, cause of action.
5.Stay of subsequent action until costs paid. (O. 21 r. 5)
(1) Where a party has discontinued an action or counterclaim or withdrawn any particular claim made by him therein and he is liable to pay any other party’s costs of the action or counterclaim or the costs occasioned to any other party by the claim withdrawn, then, if before payment of those costs, he subsequently brings an action for the same, or substantially the same, cause of action, the Court may order the proceedings in that action to be stayed until those costs are paid.
(2) An application for an order under this rule may be made by summons or by notice under Order 25 rule 7.
6.Withdrawal of summons. (O. 21 r. 6)
A party who has taken out a summons in a cause or matter may not withdraw it without the leave of the Court.
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