Withdrawal of a suit with leave to file a fresh one can be granted based on substantial grounds, not limited to formal defects under Order XXI Rule 1(3) of the CPC.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through video conferencing.

CM APPL. 35023/2021 (for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of.

C.R.P. 71/2021 & CM APPL. 35022/2021 (for stay)

3. The present petition challenges the impugned order dated 28th August, 2021, passed by the ld. ASCJ, Karkardooma Courts Delhi in CS No. 734/18 titled Farha Rehman v. Mohd. Naved, by which an application under Order XXIII Rule I (3) (b), CPC filed by the Plaintiff/Respondent herein, has been allowed. Vide the impugned order, the Plaintiff has been allowed to withdraw the suit, with liberty to file a fresh one. The relevant extract of the impugned order is set out below:

"Therefore, having considered the stage of the present suit, multiple causes of action, sought to be arrayed by the plaintiff in a fresh suit and the case laws discussed above, this court in the interest of justice and for filing comprehensive suit covering all possible disputes between parties related to all subject matters even beyond that of present suit between them under relevant law, finds that there are sufficient grounds for granting permission to the plaintiff for withdrawal of present suit with liberty to her to institute a fresh suit including subject matter of the present suit in terms of Order 23 Rule 1 (3) (b) of CPC. Consequently, other pending application of any party, if any is not required to be dealt with in view of permission to the plaintiff to withdraw the present suit with liberty to file fresh one in terms of Order 23 Rule 1 (3) (b) of CPC. With above observations, the said application of plaintiff is hereby allowed."

4. The Plaintiff is the sister of the Defendant/Petitioner herein. She has filed a suit for permanent and mandatory injunction, before the Trial Court, with the following prayers:

"1. Pass an order and/or Decree in favour of Plaintiff and against Defendants for Permanent and Mandatory Injunction preventing Defendants to dispose of or create any third party right or sell or dispose off or create any charge in the properties of father and mother of plaintiff without the leave of this Hon'ble Court or without the lawful parties of the properties of the deceased father and mother of the Plaintiff whichever is earlier.

2. Pass an order/Decree in favour of Plaintiff and against Defendants directing the Defendants to handover all account details of business, properties and a factory run in the property or A-5, Priyadarshini Vihar, Laxmi Nagar, Delhi-110092.

3. Pass an order and/or Decree in favour of Plaintiff and against the Defendant for mandatory injunction to share all account details relating to every business, factory and properties of the deceased father and mother of Plaintiff till the valid partition of the same as per law.

5. During the pendency of the said suit for injunction, an application under Order VI Rule 17 CPC was also moved by the Plaintiff, by which she sought to add certain further properties in the suit and also sought further reliefs. However, during the pendency of the said application for amendment, the Plaintiff filed an application to withdraw the suit, with liberty to file a fresh suit. The reaso