This is an order regarding an application filed under Order XXIII Rule 1 CPC for unconditional withdrawal of the suit. The court allowed the application and dismissed the suit as withdrawn.
Allowed the application for withdrawal of the suit and dismissed the suit as withdrawn.
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SUBHASH CHAND GOEL & ANOTHER ..... Plaintiffs
Through: Ms Neha Tandon proxy advocate.
versus
MAHESH AGGARWAL & OTHERS ..... Defendants Through
CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU O R D E R % 12.07.2016
IA No.7784/2016
This is an application filed under Order XXIII Rule 1 CPC for withdrawal of the suit.
The learned counsel for the plaintiffs states that the plaintiffs desire to unconditionally withdraw the suit. She further states that the plaintiffs will endeavour to resolve the disputes amicably. However, the resolution of such dispute is not a condition for withdrawal of the suit.
The application is allowed and the suit is dismissed as withdrawn.
The date already fixed for 25.07.2016 stands cancelled.
VIBHU BAKHRU, J
JULY 12, 2016 MK
2 issues framed by the court
Whether the application for unconditional withdrawal of the suit is maintainable.
Whether amicable resolution is a condition precedent for withdrawal of the suit.
1 provisions across 1 enactments
Subhash Chand Goel
Mahesh Aggarwal
Vibhu Bakru
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
Judgements on the same questions, provisions and authorities, from every court
