The Court disposed of an application seeking leave to withdraw a suit with liberty to take all pleas in a substantive suit filed by the defendants. The withdrawal was permitted, and court fees were ordered returned.
Leave to withdraw the suit permitted with liberty to take all pleas in the defendants' suit No.3575/2016.
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YUVA DAS DHARAM DELHI & ANR ..... Plaintiff Represented by: Mr. Prag Chawla, Adv. with Mr. Das Rai Bahadur & Kartar Singh on b/o plaintiff.
versus
DAS HARISH & ORS ..... Defendant
Represented by:
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R % 13.09.2017 IA 10625/2017
By this application the plaintiff seeks leave to withdraw the suit as the defendants have filed a substantive suit bearing No.3575/2016 against the plaintiff pending before the learned Civil Judge, Tis Hazari Courts with the liberty to take all the pleas available in the said suit.
Application is disposed of permitting the plaintiff to withdraw the suit with liberty as prayed for.
CS(OS) 488/2016 & IA 11831/2016 (u/O XXXIX R 1&2 CPC)
In view of the statement made by learned counsel for the plaintiff and averments in IA 10625/2017, suit and application are dismissed as withdrawn with liberty to the plaintiff to take the pleas available to it in accordance with law in the suit filed by the defendants being Suit No.3575/2016 pending before the learned Civil Judge, Tis Hazari Courts.
CS(OS) 488/2016 page 1 of 2
Court fees be returned to the plaintiff under Section 16A of the Court Fees Act.
MUKTA GUPTA, J.
SEPTEMBER 13, 2017
‘ga’
page 2 of 2
CS(OS) 488/2016
1 issue framed by the court
Whether to permit the plaintiff to withdraw the suit with liberty to take pleas in the defendant's substantive suit.
1 provisions across 1 enactments
YUVA DAS DHARAM DELHI & ANR.
DAS HARISH & ORS.
MUKTA GUPTA
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
