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ANIL KSHETARPAL
Beer Inder Singh – Appellant
Versus
Hameer Kaur (deceased) – Respondent
JUDGMENT
Mr. Anil Kshetarpal, J. (Oral)
Brief facts of the case:-
1.1 In this revision petition, the defendants assail the correctness of the order dated 15 September, 2017 and 18 September, 2017 passed by the trial court while allowing the plaintiff to withdraw the suit with permission to file a fresh one.
1.2 In order to comprehend the issues involved in the present case, some relevant facts, in brief, are required to be noticed.
1.3 Sh.Santa Singh was the common ancestor of the parties. He died on 8th September, 1965 leaving behind three sons namely Sh.Chanan Singh, Sh.Pritam Singh and Sh.Sajjan Singh and three daughters namely Smt. Hamir Kaur, Smt. Nihal Kaur and Smt. Jeeto. The property left behind by Sh.Santa Singh was mutated in favour of three sons Sh.Chanan Singh, Sh.Pritam Singh and Sh.Sajjan Singh on the basis of the Will executed by Sh.Santa Singh on 1st August, 1964 in their favour. Sh.Chanan Singh, Sh.Pritam Singh and Sh.Sajjan Singh also died and their property was inherited by Smt. Angrej Kaur widow of Sh.Sajjan Singh. Smt. Angrej Kaur died on 11th March, 2011. On 22nd November, 2011, Smt. Hamir Kaur daughter of Sh.Santa Singh filed a civil suit for grant of decree o
A plaintiff may withdraw a suit with permission to file a fresh one only if the suit fails due to a formal defect or sufficient grounds exist for a new suit, as per Order XXIII Rule 1 CPC.
A court can only grant permission to withdraw a suit with leave to file a fresh suit if it is satisfied that the suit must fail by reason of some formal defect or that there are sufficient grounds fo....
The court established that withdrawal of a suit under Order XXIII Rule 1 requires the court to be satisfied with the grounds for allowing a fresh suit on the same cause of action.
A trial court must satisfy specific conditions under Order XXIII Rule 1(3) CPC before allowing a plaintiff to withdraw a suit and file a fresh one.
The central legal point established in the judgment is that an amendment seeking to challenge a deed, which is time-barred under the Limitation Act, cannot be allowed.
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.
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