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ALKA SARIN
Akhada Panchayati Nirmal Nanak Sahi Bharat Guru Sheri Nand Singh Sahib Ji – Appellant
Versus
Kaushalya Sharma – Respondent
JUDGMENT
Mrs. Alka Sarin, J. (Oral)
The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the orders dated 21.03.2018 (Annexure P-2), dated 29.01.2019 (Annexure P-4) and dated 15.11.2023 (Annexure P-8).
2. Brief facts relevant to the present case are that the plaintiff-respondent Nos.1 and 2 filed a suit for permanent injunction stating therein that defendant No.1-petitioner herein was recorded owner of land measuring 59 kanals 14 marlas comprised in Khewat No.2249 Khatauni No.2569 Murabba No.222 Kila No.74/3 (59-14) situated at revenue estate Darra Kalan, Tehsil Thanesar, District Kurukshetra vide jamabandi for the year 2005-06. It was further averred that vide a resolution dated 21.08.2005 a decision was taken by defendant Nos.2 to 12 along with one Mahant Mittar Parkash Singh Kothari, being Mahants of defendant No.1-petitioner herein, to sell some part of the said land. It was further averred that the land measuring 18476 sq. yds. was sold including area of a park measuring 1620 sq. yds out of land mentioned in para 1 contrary to the T.P. Scheme for Part II of U/B area. It was further averred that the land measuring 1620 sq.
The right to withdraw a suit is unqualified if no rights have vested in other parties, and interim orders merge into the final order.
Court must record satisfaction regarding formal defects or sufficient grounds for allowing withdrawal of a suit as stated under Order XXIII Rule 1 CPC.
Withdrawal of a suit at the appellate stage is discretionary and cannot be used to evade adverse findings from the trial court.
Where the plaintiff withdraws from a suit or part of a claim without the permission referred to in sub-rule (3), he shall be precluded from instituting any fresh suit in respect of such subject matte....
Amendments should be allowed for effective adjudication unless they create an entirely new case or disadvantage the opposite party.
The necessity of trial court discretion and reason-giving in granting liberty for suit withdrawal under Order XXIII.
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