Petitioner filed a petition against the trial court's dismissal of an application under Order VI Rule 17 CPC to amend plaint and seek declaration. Counsel sought to withdraw the petition with liberty to file a separate suit. The Court allowed the withdrawal.
Petition dismissed as withdrawn with liberty to file a separate suit for declaration.
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MANOHAR LAL BANSIWAL AND ANR. .....Petitioners
Through: Mr. Vipin Nandwani, Mr. Gagan Talwar and Mr. Tushar Bansiwal, Advs.
versus
GYAN CHAND BANSIWAL .....Respondent Through:
CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA
O R D E R % 03.02.2025
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 06/02/2025 at 14:38:38
dated 16.11.2005, and therefore, claimed that petitioner had no right, title and interest in the suit property.
"Suit for permanent injunction and declaration".”
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 06/02/2025 at 14:38:38
RAVINDER DUDEJA, J
FEBRUARY 3, 2025/ib
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 06/02/2025 at 14:38:38
3 issues framed by the court
Whether the High Court should entertain a petition challenging the dismissal of an application for amendment of plaint under Order VI Rule 17 CPC.
Whether the petitioner is permitted to withdraw the current petition with liberty to file a separate suit for declaration.
Whether permitting withdrawal and allowing a fresh suit would defeat the object of Order III Rule 1 CPC regarding multiplicity of suits.
1 provisions across 1 enactments
Manohar Lal Bansiwal
Gyan Chand Bansiwal
Ravinder Dudeja
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
