Back
DELHI HIGH COURT
PRATHIBA M.SINGH
Mohd. Naved – Appellant
Versus
Farha Rehman – Respondent
| Table of Content |
|---|
| 1. withdrawal of suit with liberty to file fresh (Para 3 , 4 , 5 , 6) |
| 2. arguments against granting withdrawal permission (Para 8 , 9 , 10 , 12) |
| 3. court's observations on legal grounds (Para 11 , 14 , 17) |
| 4. interpretation of 'sufficient grounds' under cpc (Para 19 , 29) |
| 5. dismissing the revision petition (Para 32) |
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
Only the original plaintiff is precluded from filing a fresh suit after dismissal in default; those claiming under the plaintiff are not affected. Genuine circumstances justified withdrawal from the ....
The court established that a plaintiff seeking to withdraw a suit under Order 23 Rule 1(3) C.P.C. must clearly demonstrate the existence of formal defects or sufficient grounds, and failure to do so ....
The application for rejection of the plaint has to show that the suit is barred by law and the said bar should appear from the pleadings of the plaintiff itself. The court found that the learned Tria....
Order XXIII Rule 1 of the Civil Procedure Code gives the plaintiff an absolute right to withdraw the suit, and once the suit is sought to be withdrawn, the petitioner has no right to challenge the im....
A plaintiff cannot file a fresh suit on the same subject matter after withdrawing a previous suit without obtaining court permission, as per CPC provisions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
