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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Devashis Baruah
Saileswar Sarma – Appellant
Versus
On The Death Of Dharmeswar Sarma His Legal Heirs – Respondent
| Table of Content |
|---|
| 1. application under article 227 challenging lower court order. (Para 2 , 3 , 4 , 5) |
| 2. arguments on necessity of composite suit. (Para 6 , 7) |
| 3. court's allowance of suit withdrawal and re-filing. (Para 8 , 9 , 10 , 11) |
JUDGMENT :
Devashis Baruah, J.
Heard Mr. S. P. Roy, the learned counsel appearing on behalf of the Petitioners and Ms. S. Dasgupta, the learned counsel appearing on behalf of the Respondent Nos. 1.1 and 1.4.
2. This is an application filed under the Article 227 of the Constitution challenging the order dated 21.02.2014 whereby the applications filed by the petitioners who were the plaintiffs for withdrawal of the suit with liberty to re-file was rejected.
3. From a perusal of the materials on record, it is seen that the petitioners herein as plaintiffs initially had instituted a suit being Title Suit No. 266/07 seeking partition as well as other consequential reliefs in respect to the properties described in the schedule to the plaint. Pursuant thereto, the defendants filed their written statement wherein they had stated that the partition had already taken place and the suit properties belonged to them. Subsequent thereto, in the year 2013, the defendants
Withdrawal of a suit is permissible under sufficient grounds as per Order XXIII Rule 1(3) of the Code, not limited to formal defects.
The court ruled that plaintiffs can withdraw a suit with permission to file a fresh suit if sufficient grounds for withdrawal exist, overriding trial court's error in denying such permission.
Liberty to file a petition under Order I Rule 10 CPC seeking amendment of plaint. No irregularity or illegality, in impugned order warranting interference of this Court in exercise of jurisdiction un....
If a formal defect can be rectified by way of amendment, there is no necessity to seek withdrawal of suit.
Amendments that fundamentally change a suit's nature are impermissible, and withdrawal permissions require valid grounds to prevent judicial abuse.
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