In this writ petition, the petitioner sought to withdraw the application with liberty to file a suit. The single-judge bench held that no court permission is needed to file a suit if the cause of action exists and it is within limitation.
Writ application disposed of as withdrawn with liberty to file a suit.
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W.P.(C) NO.12592 of 2017
Heard learned counsel for the petitioner and Mr. B.N. Udgata, learned counsel appearing for the Opposite Party-Bank.
The petitioner wants to withdraw the writ application with prayer for the petitioner to file a suit.
It is the settled position of law that no permission from the Court is required to file a suit, if the cause of action subsists and the matter is within the limitation and not barred by law.
In view of such fact, the writ application is disposed of as withdrawn with the aforesaid liberty, if any cause of action subsists.
………………………….
C.R. Dash, J.
Subha
1 issue framed by the court
Whether permission of the Court is required to file a suit when the cause of action subsists.
1 provisions across 1 enactments
Subha
Opposite Party-Bank
C.R. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
