Mr Shitiz Garg v. Sanjeev Kumar Garg & Ors.
Civil Procedure – Withdrawal of suit – Order XXIII Rule 1 r/w Section 151 CPC, 1908
Case brief
What is this about?
Delhi High Court, single judge (Manmeet Pritam Singh Arora, J.), order dated 15.05.2025 in CS(OS) 279/2025: allows I.A. 12446/2025 under Order XXIII Rule 1 r/w Section 151 CPC for withdrawal of suit on the ground that the suit properties (Hari Nagar Property and Naraina Property) fall outside the High Court's pecuniary jurisdiction; suit dismissed as withdrawn with liberty; 100% court fee refund ordered within four weeks under Section 16, Court Fees Act 1870 and Section 16A, Court Fees (Delhi Amendment) Act 2010, suit being at initial stage with no summons issued; registry to draw refund certificate; pending applications disposed.
What did the court decide?
Leave to withdraw the suit granted; suit dismissed as withdrawn with liberty reserved to approach the court of requisite jurisdiction; plaintiff bound by directions dated 05.05.2025; 100% court fee directed to be refunded within four weeks and registry directed to draw up the refund certificate.