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SANDEEP K. SHINDE
Veena Baigiri Goswami – Appellant
Versus
Prescon Home Pvt. Ltd. – Respondent
JUDGMENT
1. Rule. Rule made returnable forthwith. Mr. Agha, learned Counsel for respondent no. 1 and Mr. Lawande, learned Counsel for respondent nos. 5 to 8, 10 and 11, waive service on behalf of the respective respondents. Heard finally by consent of parties.
2. The only question that arises for consideration is, whether, the Trial Court was justified in permitting, the power of attorney holder of the petitioner-plaintiff, to withdraw the Commercial Suit No. 28/2021/A [Special Civil Suit No. 9/2021/B(old)], without notice to the petitioner-plaintiff.
3. Briefly stated, the facts of the case are that, the petitioner appointed Mr. Sanjay Vithu Barde, as her power of attorney holder, vide instrument dated 16.04.2021, to do the following deeds, acts and things on her behalf, as if done by her personally; namely;
(i) To administer, manage and take care of the property known as 'Tollem E Oiterio Agali' also known as 'Agaye', surveyed under sub-division no. 1 of village Azossim, admeasuring an area of 3,06,575 square metres;
(ii) To hold meeting with the buyer of the said property and to receive token in her name or in her Account through RTGS, Demand Draft, Account payee cheques and to issue
The power of attorney holder was authorized to file and withdraw suits in respect of the property in question, and the plaintiff had an unqualified right to withdraw or abandon the suit under Order X....
The main legal point established in the judgment is that the plaintiff has an unqualified right to withdraw the suit unconditionally, and the defendant's objection to the withdrawal amounted to a mis....
A plaintiff's withdrawal of a suit is not absolute until a formal order by the court occurs, allowing the right to pursue the suit before dismissal.
A plaintiff in a multi-plaintiff suit can withdraw without co-plaintiff consent if the claims are independent and severable.
A plaintiff may withdraw from a suit without co-plaintiff consent if their claims are independent and severable, ensuring no adverse impact on the other plaintiffs' rights.
An agent cannot represent a principal after the revocation of the Power of Attorney, and must prove authority to act on behalf of the principal.
The plaintiff has the absolute right to withdraw a suit at any stage without the defendant's objection, subject only to the imposition of costs.
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