2026 Supreme(Sikk) 8

HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI, J.
Shri Dhan Bahadur Thapa And Another - Appellants 
Versus 
State Of Sikkim And Others – Respondents
F.A.O No. 04 of 2025
Decided On : 09-02-2026
Advocates Appeared :
For the Appellants : Mr. N. Rai, Senior Advocate, Mr. Yozan Rai, Advocate, Mr. Pem Lhamu Lepcha, Advocate, Ms. Sohitya Kala Limboo, Advocate. 
For the Respondents : Mr. Zangpo Sherpa, Additional Advocate General, Mr. S. K. Chettri, Government Advocate.

The right to withdraw a petition with liberty to refile is recognized to facilitate rectifying procedural defects.

Headnote:(A) Civil Procedure Code, 1908 - Permission to withdraw petition - Appellants sought to withdraw their petition due to certain defects, with liberty to file afresh, which was not opposed by the respondents - Court granted permission to withdraw the petition. (Paras 1-4)

(B) Legal principle - The right to withdraw a petition with liberty to file a fresh application is recognized when defects are present, allowing for the rectification of issues while preserving the right to pursue the matter.

Facts of the case:
The appellants requested to withdraw their petition due to defects, seeking to refile it correctly as per proceedings.

Findings of Court:
The court allowed the withdrawal of the petition and granted permission to file a fresh petition.

Issues: The main issue was whether the appellants could withdraw their petition and refile it afresh.

Ratio Decidendi: The court reasoned that a party may withdraw a petition, especially to correct defects, ensuring access to justice.

Result: Petition stands disposed of as withdrawn with liberty to file afresh.