Order on Board

15/10/2024

1. At the outset, learned counsel for the petitioner would submit that petitioner has filed Civil Suit No.107-A/2015 through his father as next friend for declaration of sale deed illegal and null and declaration of his title, as his father has sold the suit land vide registered sale deed to respondent /defendant No.1, whereas he had no right to sell the suit land. He further submitted that, now petitioner /plaintiff has attained the age of majority, therefore, he himself wants to prosecute the civil suit and want to discharge next friend, but, he has not filed any application under Order 32 Rule 12 of CPC and instead thereof, he has directly filed application under Order 1 Rule 10 of CPC to implead his father Arvind Sharma as defendant No.10 in said civil suit, as he had executed disputed registered sale deed, therefore, he (father Arvind Sharma) is a necessary party as a defendant, but, the application has been rejected by the trial Court. Therefore, learned counsel for the petitioner seeks permission of this Court to withdraw this petition with liberty to file appropriate application under Order 32 Rule 12 of CPC. He further sought liberty to file fresh