Vibha Vs Poonam Garg and Others — Himachal Pradesh HC (2026) — LawSathi Research

Vibha Vs Poonam Garg and Others — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to the respondent/plaintiff to withdraw the civil suit and the application under Order 39 Rules 1 and 2 of CPC filed before the learned Civil Judge, Nahan, District Sirmaur, with liberty to institute a fresh suit along with an application for stay in accordance with law; the learned trial Court requested to decide any such application expeditiously strictly in accordance with law.

Issue for consideration

Whether the respondent/plaintiff may be permitted to withdraw the pending civil suit and the application under Order 39 Rules 1 and 2 of CPC filed before the learned Civil Judge, Nahan, District Sirmaur, with liberty to institute a fresh suit and application for stay in accordance with law. +1 more

Court's answer

The respondent/plaintiff is permitted to withdraw the civil suit, which was filed before the learned Civil Judge, Nahan, District Sirmaur, along with the application under Order 39 Rules 1 and 2 of CPC.

Ratio / Principle

The withdrawal is granted with liberty to the respondent/plaintiff to institute a fresh suit along with an application for stay, in accordance with law.

Key takeaways

The learned trial Court is requested that in case a fresh suit along with an application for stay is filed by the respondent/plaintiff, the application shall be decided expeditiously strictly in accordance with law.ratio¶15
In view of the withdrawal of the civil suit, the orders passed by the learned courts below lose their efficacy, and the present petition is disposed of accordingly along with pending application(s), if any.ratio¶18

Detailed headnote1 paragraphs

High Court of Himachal Pradesh, Shimla (Romesh Verma, Judge), CMPMO No.361 of 2025, decided 06.07.2026. The petition arose out of the judgment dated 17.03.2025 of the learned District Judge, Sirmaur, District at Nahan, H.P., whereby the appeal preferred by the plaintiff/respondent under section 43 Rule 1 of CPC came to be allowed and the order dated 16.09.2024 of the learned Civil Judge, Nahan, District Sirmaur, dismissing the plaintiff's application under Order 39 Rules 1 and 2 of CPC, was quashed and set aside. During the course of arguments, learned counsel for the respondent/plaintiff, on instructions, sought permission to withdraw the civil suit and the said application with liberty to file a fresh suit and application in accordance with law; the prayer was not opposed by learned counsel for the defendant/petitioner. The Court permitted withdrawal of the civil suit and the Order 39 Rules 1 and 2 application with liberty to institute a fresh suit along with an application for stay in accordance with law, requested the learned trial Court to decide any such application expeditiously strictly in accordance with law, recorded that in view of the withdrawal the orders passed by the learned courts below lose their efficacy, and disposed of the petition along with pending application(s), if any. No precedent was cited or engaged with.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CMPMO No.361 of 2025 Decided on: 06.07.2026

Vibha ….Petitioner

Versus

Poonam Garg & others ...Respondents Coram

Hon’ble Mr. Justice Romesh Verma, Judge

Whether approved for reporting?

For the petitioner: Mr. Virender Kanwar, Advocate.
For the respondents: Mr. Gurdev Negi, Advocate.
Romesh Verma, Judge

The instant petition arises out of judgment as passed by learned District Judge, Sirmaur, District at Nahan, H.P., dated 17.03.2025, whereby the appeal preferred by the plaintiff/respondent under section 43 Rule 1 of CPC came to be allowed and the order as passed by learned Civil Judge, Nahan, District Sirmaur, dated 16.09.2024 was quashed and set aside, whereby the application filed by the plaintiff under

the provisions of Order 39 Rules 1 and 2 of CPC was dismissed.

2

During the course of arguments, learned counsel for the respondent/plaintiff, on instructions, seeks permission of this Court to withdraw the civil suit along with application under Order 39 Rules 1 and 2 of CPC, which was filed before the learned Civil Judge, Nahan, District Sirmaur with liberty to file a fresh suit and application, in accordance with law.

The said prayer has not been opposed by learned counsel for the defendant/petitioner.

Consequently, in view of aforesaid facts, the respondent/plaintiff is permitted to withdraw the civil suit, which was filed before the learned Civil Judge, Nahan, District Sirmaur along with the application under Order 39 Rules 1 and 2 of CPC, with liberty to institute a fresh suit along with an application for stay, in accordance with law.

The learned trial Court is requested that, in case a fresh suit along with an application for stay is filed by the respondent/plaintiff, the application shall be decided expeditiously strictly in accordance with law.

3

In view of withdrawal of civil suit, orders as

passed by learned Courts below, lose its efficacy and the present petition is accordingly disposed of along with pending application(s), if any.

6^th July, 2026 (vt)