JUDGMENT

Prathiba M. Singh, J. (Oral) - This petition raises an important question as to whether the counterclaim filed by the Defendant/Respondent (hereinafter, "Defendant") after the commencement of the evidence of the Plaintiff/Petitioner (hereinafter, "Plaintiff") can be permitted or not.

2. A suit for recovery of Rs. 19,44,073/- was filed by the Plaintiff - Mr. Sanjiv Tiwari against Mr. Deepak Poptani in 2013 under Order XXXVII CPC before the District Judge, Saket Courts Complex. The leave to defend application was filed by the Defendant in the suit, however, the suit was withdrawn with liberty to refile the same vide order dated 21 st January, 2015, which reads as under:-

"Learned Sh. Visen submits that since there is technical defects and as such he wants to withdraw the present suit. Let his statement be recorded. Statement is recorded.

In view of the statement of the counsel for plaintiff, the present suit is permitted to be withdrawn with liberty to file fresh suit/appropriate proceedings on the same cause of action before the appropriate court/forum.

The suit is disposed off as withdrawn with liberty to file fresh suit/appropriate proceedings on the same cause of action b