The court allowed an application under Section 151 CPC to withdraw the underlying civil suit with liberty to file afresh. Consequently, the appeal challenging the suit was dismissed as infructuous.
Civil suit dismissed as withdrawn with liberty to file afresh; appeal dismissed as infructuous.
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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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RSA No.47 of 2023 Date of Decision: 01.03.2024
___________________________________________________ Sohan Singh and another ....Appellants Versus Inder Singh and another …Respondents
_____________________________________________________ Coram_
Hon’ble Mr. Justice Sushil Kukreja, Judge
Whether approved for reporting?1
___________________________________________________ For the appellants : Mr. J.R. Poswal, Advocate. For the respondents : Mr. G.R. Palsra, Advocate.
________________________________________________
Sushil Kukreja, Judge (Oral)
CMP No.2026 of 2024
The present application has been filed by the
applicants/appellants under Section 151 of CPC with a prayer to withdraw the civil suit i.e. CIS Case No.38977/2013, titled Sohan & another Versus Inder Singh & another , with liberty to
file afresh on the same cause of action.
applicants/respondents. Learned counsel for the non-applicants/
1 Whether reporters of Local Papers may be allowed to see the judgment?
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respondents stated that he has no objection in case the prayer made in the present application is allowed.
appellants as well as learned counsel for the non-applicants/ respondents and also gone through the material available on record.
present application is allowed and the civil suit, i.e. CIS Case No.38977/2013, titled Sohan & another Versus Inder Singh & another , is dismissed as withdrawn with liberty reserved to the plaintiffs to file afresh on the same cause of action, if so desired.
RSA No.47 of 2023
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CMP No.2025 of 2024
present application for early hearing is dismissed as infructuous.
( Sushil Kukreja ) March 01, 2024 Judge (VH)
1 issue framed by the court
Whether the civil suit may be withdrawn with liberty to file afresh?
1 provisions across 1 enactments
Sohan Singh
another
Inder Singh
another
Sushil Kukreja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
