High Court at Delhi allowed plaintiff's application for withdrawal of suit. Court dismissed the suit and abandoned claims. Registry directed to issue fee certificate. Intermittent orders including one dated 21.08.2015 were vacated.
Suit dismissed as withdrawn; order to return full court-fee paid; all interim orders vacated.
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RAKESH RAJ ..... Plaintiff Through: Mr. Yugant Kuhar, Advocate.
versus SUNIL ANEJA & ORS ..... Defendants Through: Ms. Isha Bhalla, Advocate.
CORAM: HON'BLE MR. JUSTICE MANMOHAN
O R D E R % 18.09.2017
I.A. 10849/2017 in CS(OS) 2506/2015
Present application has been filed on behalf of the plaintiff under Order 23 Rule 1 read with Section 151 CPC and Section 16A of the CourtFees Act.
In the application, it has been stated that the parties to the suit have resolved their dispute and accordingly the plaintiff has agreed to withdraw the present suit and abandon his claim against the defendants.
Consequently, the present suit and pending applications are dismissed as withdrawn.
Registry is directed to issue the plaintiff a certificate authorising him to receive back from the collector the full amount of Court-fees paid by him in the present suit.
All interim orders passed by this Court, in particular, its order dated 21st August, 2015 stand vacated.
MANMOHAN, J
SEPTEMBER 18, 2017 js
1 issue framed by the court
Whether an application for withdrawal of suit under Order 23 Rule 1 read with Section 151 CPC and Section 16A of the Court Fees Act is maintainable and deserves to be allowed.
3 provisions across 3 enactments
MANMOHAN
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
