376Discontinuance of action

### 376 Discontinuance of action > > (1)  A plaintiff, by notice, may discontinue, wholly or in part, an action against a defendant – > > > > > > (a) at any time before delivery of a defence; or > > > > > > > (b) after the delivery of a defence and before taking any other step in the action, other than making an interlocutory application. > > > (2)  At any time before judgment, the Court or a judge may grant leave – > > > > > > (a) to a plaintiff to discontinue, wholly or in part, an action against all or any of the defendants; or > > > > > > > (b) to a defendant to discontinue, wholly or in part, a counterclaim against all or any of the defendants to the counterclaim. > > > (3)  Leave may be granted on any terms as may be just.