The appellant sought permission to withdraw the second appeal under Section 100 of CPC and file a civil suit instead due to wrong advice. The Court granted liberty to withdraw with liberty to file a separate suit.
Liberty granted to withdraw the appeal and file a civil suit against the order of S.D.O. Surajpur dated 26.03.1998.
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SB: HON. SHRI N.K. AGARWAL, J.
06.02.2012
Shri A.K.Pras'ad, counsel for the appellants.
Shri G.D.Vaswani, G.A. for the State/respondent No.4.
Counsel: for the appellant seeks permission of this Court to
withdraw this appeal with libe‘ty to flle appeal against the order of
S;D.O, Surajpur dated 26.03.1998 as due to wrong advice, instead of
tiling appeal, the appellants preferred a civil suit.
Liberty, as prayed for, is g1 anted.
With the above said liberty, the appeal is dismissed as withdrawn.
No order as to costs.
Sdl—
N.K. AGRAWAL
JUDGE
1 issue framed by the court
Whether the appellant was granted liberty to withdraw the appeal and file a civil suit instead and upon that liberty whether the appeal could be dismissed as withdrawn.
Ramlal s/o Birbal and Others
E.L. Bodhan s/o Bodhan
Ram Singh s/o Bodhan
Jagdish Singh s/o Bodhan
State of M.P. through Collector
N.K. Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
