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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
Important Points
The right to withdraw a petition with liberty to refile is recognized to facilitate rectifying procedural defects.
Subject
Civil Law - Procedural Law
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Result: Petition stands disposed of as withdrawn with liberty to file afresh.
(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Result: Petition stands disposed of as withdrawn with liberty to file afresh.
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.
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.
| Table of Content |
|---|
| 1. withdrawal of petition due to defects (Para 1) |
| 2. no opposition from the respondents (Para 2) |
| 3. petition disposed of as withdrawn (Para 3 , 4) |
ORDER :
MEENAKSHI MADAN RAI, J.
1. After hearing Learned Senior Counsel for the Appellants for some time, on account of certain defects in the petition, he seeks to withdraw the Petition with liberty to file afresh.
2. Not opposed by Learned Counsel for the Respondents.
3. In view of the submissions, this Petition stands disposed of as withdrawn with liberty to file afresh.
4. Pending applications, if any, also stand disposed of.
