The court dismissed the suit as withdrawn after allowing the plaintiff's application to withdraw based on a private out-of-court settlement reached before framing of issues, directing a 50% court fee refund.
Suit dismissed as withdrawn; 50% court fee refund directed to be provided within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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RAJENDRA SINGHI HUF & ANR. .....Plaintiffs Through: Mr. Manoj Kumar Garg and Mr. Sachin Kaushik, Advocates (Through VC)
versus
SATISH LOHIA .....Defendant Through: None
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA O R D E R % 16.10.2024
I.A. 42418/2024 (under Section 151 of CPC, 1908 for seeking withdrawal of on account of out of Court settlement)
CS(OS) 746/2023 Page 1 of 2
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 02/07/2025 at 22:17:12
MANMEET PRITAM SINGH ARORA, J
OCTOBER 16, 2024 /rhc/MG
CS(OS) 746/2023 Page 2 of 2
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 02/07/2025 at 22:17:12
3 issues framed by the court
Whether the plaintiff is entitled to withdraw the suit based on an out of court settlement.
Whether the plaintiff is entitled to a refund of 50% of the court fee upon out of court settlement.
Whether the consistency with Section 16(A) of the Court Fees Act, 1870 allows for refund despite premature withdrawal.
2 provisions across 2 enactments
Manmeet Pritam Singh Arora
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
