The court considered an application under Order 23 Rule 1 CPC for withdrawal of a civil suit. The suit, which was signed by both parties, was permitted to be withdrawn with liberty to file afresh on the same cause of action.
Withdrawal of the civil suit permitted with liberty to file it afresh on the same cause of action.
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Civil Suit No. 53 of 2023
Decided on: 6.3.2024
Kunal Sood …Plaintiff Versus Balbir Singh Verma ….Defendant
------------------------------------------------------------------------Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting?
For the Plaintiff: Mr. Ashok Sood, Senior Advocate with Ms. Pooja Verma, Advocate. For the Defendant: Mr. Romesh Verma, Senior Advocate with Mr. Sumit Sharma, Advocate.
Virender Singh, Judge
OMP No. 73 of 2024
By way of present application, filed under Order 23 Rule 1 CPC, permission has been sought to withdraw the present suit, with the liberty to file the same afresh, on the same cause of action.
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C.S. No. 53 of 2023
In view of the order passed in OMP No 79 of 2024, the present suit is disposed of as withdrawn. However, liberty is granted to the plaintiff to file the suit afresh, on the same cause of action, if so advised. The Court fee be refunded, as per Rules.
(Virender Singh) Judge March 6, 2024 Kalpana
1 issue framed by the court
Whether permission is required for withdrawal of the suit with liberty to file it afresh.
4 provisions across 4 enactments
Kunal Sood
Balbir Singh Verma
Virender Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
