This court allowed the plaintiff's application to withdraw a suit for specific performance. The withdrawal was granted with liberty to institute a fresh suit for recovery, considering that the agreement was frustrated as one defendant was behind bars.
Suit dismissed as withdrawn with liberty to the plaintiff to file a fresh suit for recovery.
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PUNEET GOEL .....Plaintiff
Through: Mr. Vivek Srivastav and Ms. Parul Bhardwaj, Advs.
versus
AJAY NAGPAL & ANR. .....Defendants
Through:
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R % 12.07.2024
I.A. 33130/2024 (under Order 23 Rule 1 Sub Rule 3, read with Section 151 CPC for permission to withdraw the present suit with liberty to institute a fresh suit)
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2024 at 11:56:55
recovery.
VIKAS MAHAJAN, J
JULY 12, 2024 N.S. ASWAL
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2024 at 11:56:55
2 issues framed by the court
Whether to allow the plaintiff's application to withdraw the suit for specific performance with liberty to file a fresh suit for recovery.
Whether the frustration of the agreement due to one defendant being in jail warrants an alternative relief for recovery.
2 provisions across 1 enactments
Puneet Goel
Ajay Nagpal
Vikas Mahajan
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
