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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Mangat Ram (deceased) through his Lrs. namely Tarsem Lal – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
By way of this petition, the petitioner-plaintiff has assailed order dated 19.04.2018, passed by learned Civil Judge, Court No.II, Una, District Una, H.P., in terms whereof, an application filed by defendant No.2 before the learned Trial Court, under Order XXIII, Rule 3 of the Code of Civil Procedure (hereinafter referred to as ‘CPC’), seeking the dismissal of the suit filed by the plaintiff in light of comprise dated 30.09.2016 and the statement of the plaintiff recorded in the Court on 30.09.2016, was allowed.
2. Brief facts necessary for adjudication of this petition are that petitioner-plaintiff filed a suit for declaration, that he was the exclusive owner in possession of the suit property and the impugned alienation effected by defendant No.2 thereof, in favour of defendant No.1, vide registered sale deed dated 27.08.2012, was wrong, illegal, void ab-initio, with further consequential relief of permanent injunction, restraining the defendants from changing the nature and character etc. of the suit property.
3. During the pendency of this suit, on 30.09.2016, an application was filed, under Section 151 of the CPC, with the prayer that the case be tak
A plaintiff's withdrawal of a suit is not absolute until a formal order by the court occurs, allowing the right to pursue the suit before dismissal.
A plaintiff in a multi-plaintiff suit can withdraw without co-plaintiff consent if the claims are independent and severable.
A plaintiff may withdraw from a suit without co-plaintiff consent if their claims are independent and severable, ensuring no adverse impact on the other plaintiffs' rights.
The court allows withdrawal of a petition without prejudice to the right of appeal.
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.
The court cannot split the prayer for withdrawal of a suit and liberty to file a fresh suit; both must be allowed or rejected together.
The right to withdraw a suit is absolute unless restricted by law, and a significant delay in seeking recall of such withdrawal must be justified with a bona fide explanation.
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