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PRASHANT KUMAR MISHRA, MANMOHAN
P. P. Jewellers Private Limited – Appellant
Versus
L. R. Builders Private Limited – Respondent
| Table of Content |
|---|
| 1. permission granted for suit withdrawal. (Para 1 , 2) |
| 2. resolution of appeals confirmed with order dismissals. (Para 4 , 5 , 6 , 7) |
ORDER :
1. Leave granted.
2. During the course of hearing of the present Appeals, learned senior counsel for the Respondent-Plaintiff states that the Plaintiff be allowed to withdraw the underlying suit with liberty to file a fresh commercial suit on the same cause of action before the Commercial Division of the High Court of Delhi within two weeks.
3. Learned senior counsel for the Appellant-Defendant does not object to this Court granting the aforesaid liberty. She also states that the undertaking recorded by the High Court in Para 3 of the impugned order dated 30th May 2025 shall continue and shall abide by the Order to be passed by the High Court in the Order XXXIX Rules 1 & 2 application proposed to be filed in the fresh suit before the Commercial Division of the High Court of Delhi.
4. The statements/undertakings made by learned senior counsel for the parties are accepted by this Court and the parties are held bound by the same. With the liberty as prayed for and without prejudice to the rights and contentions of the parties, the und
Parties may withdraw a suit with permission to file a fresh action on the same cause, without prejudice to existing rights, fostering judicial efficiency.
An order permitting withdrawal with liberty to institute a fresh suit on the same subject matter cannot be made mechanically or without application of judicial mind.
The court cannot split the prayer for withdrawal of a suit and liberty to file a fresh suit; both must be allowed or rejected together.
The court ruled that plaintiffs can withdraw a suit with permission to file a fresh suit if sufficient grounds for withdrawal exist, overriding trial court's error in denying such permission.
The court emphasized the importance of not penalizing a litigant monetarily for a counsel's mistake and adopted a liberal attitude in interpreting the Court Fees Act to lessen the burden on the litig....
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