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ALKA SARIN
Kunal Khurana – Appellant
Versus
Puneet Kumar – Respondent
JUDGMENT :
Alka Sarin, J.
Present revision petition has been filed challenging the order dated 28.11.2024 (Annexure P-12) whereby the application filed by the plaintiff-respondent under Order XXIII Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 for grant of permission to withdraw the civil suit with liberty to file a fresh suit has been allowed.
2. The brief facts relevant to the present lis are that the plaintiff-respondent herein filed a suit for permanent injunction to the effect that the defendant-petitioner herein be restrained from selling, mortgaging, transferring, gifting and alienating in any manner the suit property as fully described in the plaint. It was averred in the plaint that an agreement to sell had been entered into on 20.03.2024 in favour of the plaintiff-respondent for a sale consideration of Rs.94,00,000/-. It was further averred in the plaint that the defendant-petitioner herein wanted to grab the money of the plaintiff-respondent unlawfully and that he was playing in the hands of some mischievous and anti-social persons and was trying to sell the property. Hence, the suit. Written statement (Annexure P-2) was filed by the defendant-p
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 requires sufficient grounds as per Order XXIII, Rule 1(3) of CPC, and belated applications may be dismissed to prevent abuse of process.
Withdrawal of a suit under Order 23 Rule 1 CPC requires either a formal defect or sufficient grounds for a fresh suit.
A party may not withdraw a suit for injunction to file a fresh suit on the same cause of action if contradictions undermine the basis for the claim.
The main legal point established in the judgment is that while deciding an application under Order VII Rule 11 CPC, only the averments of the plaint are to be considered, and the arguments raised by ....
Amendments should be allowed for effective adjudication unless they create an entirely new case or disadvantage the opposite party.
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