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BISWANATH SOMADDER, MEENAKSHI MADAN RAI
N. B. Khatiwada – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
|---|
| 1. withdrawal of writ petition. (Para 1 , 2) |
| 2. filing of interlocutory applications. (Para 3 , 4 , 5) |
| 3. court's disapproval of revival request. (Para 6) |
| 4. court's decision on costs. (Para 7) |
| 5. dismissal of interlocutory applications. (Para 8) |
JUDGMENT
Biswanath Somadder; CJ. - In a writ petition, being WP(C) No.30 of 2008 (Shri N.B. Khatiwada v. State of Sikkim and another), the following order was passed on 17th November, 2018:
'Mr. N. Rai, learned Senior Counsel for the petitioner, submits that he requires some time to seek instructions from his client about the status of SLP(C) No. 1877 of 2009, pending before the hon'ble Supreme Court. On the request made by Mr. N. Rai, list this case on 29.11.2018.'
2. Subsequently the writ petition came up for consideration on 29th November, 2018, when the following order was passed:
'Mr. N. Rai, learned Senior Counsel for the Petitioner, submits the he may be allowed to withdraw the petition.
Permission is granted.
Accordingly, writ petition stands disposed of as withdrawn.'
3. Now, after almost three and half years, three interlocutory applications have been filed by the writ petitioner in connection with the said disposed of writ p
The court ruled that a writ petition, once withdrawn, cannot be restored after substantial delay unless justified, viewing such attempts as an abuse of the court's process.
The main legal point established in the judgment is that an appeal does not attain complete finality if it is permitted to be withdrawn, allowing the parties to pursue their writ petitions and challe....
Non-disclosure of a pending writ petition in a new affidavit can lead to dismissal without liberty to refile on the same cause of action.
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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