The High Court dismissed a civil revision petition filed under Article 227 challenging an order denying permission to withdraw a suit, holding it infructuous as the underlying suit had already been dismissed for non-prosecution.
Civil revision petition dismissed as infructuous with no order as to costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.04.2016
CORAM
THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR
C.R.P (PD) No.4786 of 2015
and
M.P.No.1 of 2015
Mrs.Vanaja
... Petitioner
vs.
1.Jagannathan @ Ramasami
2.Gunasekaran
3.Mani
... Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the order and decretal order of the District Munsif, Pochampalli dated 14.07.2015 made in I.A.No.146/2015 in O.S.No.4/2014
For Petitioner : Mr.R.Neelakandan For Respondents : Mr.L.Munisamy
ORDER
Heard both sides.
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In addition she has also stated that she wanted to withdraw the suit because of some technical defects of non-joinder of necessary parties. In the prayer found in the petition also, the above said averment found in the supporting affidavit has been referred to as the ground on which the petitioner sought permission of the court below to withdraw the suit. If at all the petitioner wanted to withdraw her suit simpliciter, she need not have filed any petition seeking permission. She could have very well made an endorsement withdrawing the suit, in which event, the court shall have no other option to dismiss the suit as withdrawn, excepting a decision as to award of cost to the defendants, who may insist upon the same.
Accordingly, the present civil revision petition is dismissed as infructuous. However, there shall be no order as to cost. Consequently, the connected miscellaneous petition is closed.
05.04.2016
Internet : Yes asr
To The District Munsif, Pochampalli
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P.R.SHIVAKUMAR, J.
asr/-
C.R.P (PD) No.4786 of 2015 and M.P.No.1 of 2015
05.04.2016
1 issue framed by the court
Whether the civil revision petition against the dismissal of a withdrawal application should be allowed when the suit has since been dismissed for non-prosecution making the petition infructuous.
1 provisions across 1 enactments
Mrs. Vanaja
Jagannathan @ Ramasami
Gunasekaran
Mani
Prashant K. Shivakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
