The withdrawal of the lawsuit means to the defendant: 1. The withdrawal of the plaintiff only indicates the end of this litigation act. It does not involve the change of other rights and obligations. 2. The plaintiff no longer claims rights from the defendant, and the defendant no longer has to answer the lawsuit. 3. The dispute between the two parties is still unresolved, and the plaintiff may sue the defendant separately. 4. If the plaintiff withdraws the lawsuit after appealing, the first instance judgment shall become legally effective and be executed according to the result of the first instance judgment. According to the law, if the plaintiff applies for withdrawal of the lawsuit before the judgment is pronounced, the people's court shall decide whether to grant it or not. If the people's court decides not to allow the withdrawal of the lawsuit, and if the plaintiff refuses to appear in court without justified reasons after being summoned, he may make a judgment by default.
Legal basis
Article 145 of the Civil Procedure Law of the People's Republic of China (2017 Revision) applies for withdrawal
If the plaintiff applies for withdrawal of the lawsuit before the judgment is pronounced, the people's court shall decide whether to grant it or not. If the people's court decides not to allow the withdrawal of the lawsuit, and if the plaintiff refuses to appear in court without justified reasons after being summoned, he may make a judgment by default.
