JUDGMENT :

Tushar Rao Gedela, J.

Petitioner challenges the order dated 04.03.2023. in CS SCJ 1628/2021 titled Vikas Vij v. Vikram Vij whereby the learned Trial Court while permitting the petitioner/plaintiff to withdraw the application under Order VI Rule 17 of CPC, 1908, denied the liberty to file a fresh application under Order VI Rule 17 of CPC, 1908.

2. Mr. Sagar, learned counsel appearing on behalf of petitioner submits that the learned Trial Court misdirected itself while refusing liberty to file the fresh application under Order VI Rule 17 of CPC, 1908 on the basis that there is no prohibition nor is there any provision in the CPC precluding the party from filing a second application under Order VI Rule 17 of CPC, 1908.

3. Mr. Sagar, learned counsel also submits that there is no bar to the number of applications under Order VI Rule 17 of CPC, 1908 being filed by any of the parties subject to the law of limitation and other legal prescriptions which may prohibit the amendments sought in such applications on merits. On that basis, learned counsel submits that the learned Trial Court committed an error in law by not granting such liberty as sought.

4. Per contra, Mr. Bhatia, learned