Cyril J D Silva v. Clifford D Silva
Case brief
What is this about?
Karnataka HC, RSA No.640/2021 (INJ), V Srishananda J., 01-09-2025 — withdrawal of original suit OS No.11/2019 (Civil Judge & JMFC, Sakaleshpur) permitted with liberty to file fresh suit, on memo with verifying affidavit filed at admission stage; background: rejection of plaint via IA.No.V/IA.No.5 under Order 7 Rule 1(d) CPC allowed 23.10.2019, confirmed in RA.No.37/2019 by judgment dated 23.12.2020 (Senior Civil Judge & JMFC, Sakaleshpur); appeal filed under Section 100 r/w Order XLII Rule 1 CPC 1908; parties: Cyril J. D'Silva and family appellants v. Clifford D'Silva respondent; no case law cited; merits not decided.
What did the court decide?
Permission to withdraw the Original Suit OS No.11/2019 with liberty to file a fresh suit, as prayed for in the memo; the RSA concluded at admission stage without adjudication of the merits.