Allowed¶15

Shanaya Abbot ( Minor) v. Dr Vijay Abbot & Ors.

Delhi HC21 Aug 2025CS(OS)/179/2025

Case brief

AI extract

What is this about?

Withdrawal of civil suit with liberty under Order XXIII Rule 3A CPC; CS(OS) 179/2025; Shanaya Abbot (minor) through legal guardian v. Dr Vijay Abbot & Ors.; reliance on Vipin Wadhva v. M/s Prashant Enterprises, 2025 DHC 5229; defendants' concession not to press maintainability objection; rights and contentions left open; Delhi High Court, Purushaindra Kumar Kaurav, J., 21.08.2025.

What did the court decide?

Prayer for liberty allowed: plaintiff permitted to withdraw the civil suit and to take appropriate steps under Order XXIII Rule 3A CPC; all rights and contentions left open. ¶15

Shanaya Abbot ( Minor) Vs Dr Vijay Abbot & Ors. — Delhi HC (2025) — LawSathi Research

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$~O-37

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CS(OS) 179/2025, I.A.7366/2025, I.A. 7367/2025 & I.A.17846/2025 SHANAYA ABBOT ( MINOR) THROUGH HER LEGAL GUARDIAN .....Plaintiff

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Through: Mr. Sanjay Katyal with Ms. Ritika Bansal, Advocates.

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versus

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DR VIJAY ABBOT & ORS. .....Defendants Through: Mr. Kapil Madan with Ms. Ayushi Bisht, Advocates.

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CORAM:

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HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 21.08.2025

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Mr. Sanjay Katyal, learned counsel appearing for the plaintiff, after perusal of the decision passed by this Court in the case of Vipin Wadhwa v. M/s Prashant Enterprises¹ , seeks liberty to withdraw the instant civil suit with liberty to take appropriate remedy in accordance with the provisions under Order XXIII Rule 3A of the Code of Civil Procedure, 1908 (CPC).

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He, however, submits that the objection regarding maintainability of his application under Order XXIII Rule 3A of the CPC may not be allowed to be raised by the defendants, in the event he resorts to the said remedy.

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Mr. Kapil Madan, learned counsel appearing for the defendants, unequivocally submits that his application on merit is not maintainable. He, however, submits that there is no question of raising the objection under Order XXIII Rule 3A of the CPC regarding maintainability of the

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This is a digitally signed order.

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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 25/08/2025 at 11:57:43

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application itself.

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In view of the aforesaid, the liberty so prayed for is granted. The plaintiff shall be at liberty to take appropriate steps in accordance with provision under Order XXIII Rule 3A of the CPC.

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All rights and contentions are left open.

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PURUSHAINDRA KUMAR KAURAV, J

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AUGUST 21, 2025 tr/sp

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1 2025 DHC 5229

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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 25/08/2025 at 11:57:43

Shanaya Abbot ( Minor) v. Dr Vijay Abbot & Ors.

Case brief

What is this about?

What did the court decide?

Shanaya Abbot ( Minor) v. Dr Vijay Abbot & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

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