Allowed¶22

Balwinder Kaur and Anr. v. Nachhatro and Ors.

Punjab & Haryana HC8 Sept 2025CR/8185/2017

Case brief

AI extract

What is this about?

Withdrawal of civil suit; liberty to file fresh suit on same cause of action; refusal of permission leaving plaintiff remediless; no technical defect shown; Trial Court order set aside; main suit restored to original number; Balwinder Kaur v. Nachhattro; Punjab and Haryana High Court; Alka Sarin, J.; CR-8185-2017 (O&M); decision date 08.09.2025.

What did the court decide?

Order dated 26.10.2016 set aside; application for withdrawal of the civil suit with liberty to file afresh dismissed; main civil suit restored to its original number; pending applications, if any, also disposed of. ¶22

Balwinder Kaur and Anr. Vs Nachhatro and Ors. — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether the order dated 26.10.2016 permitting withdrawal of the civil suit while refusing permission to file a fresh suit on the same cause of action, thereby leaving the petitioners remediless, can be sustained in law. +1 more

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Court's answer

Permitting withdrawal of a suit while withholding liberty to file a fresh suit on the same cause of action leaves the plaintiffs remediless; such an order cannot be sustained in law and is liable to be set aside.

¶22

Ratio / Principle

Where the party seeking withdrawal is unable to show any technical defect in the suit, permission to withdraw with liberty to file a fresh suit on the same cause of action should be refused and the application dismissed.

¶21

Key takeaways

Counsel for the petitioners was unable to point out any technical defect in the suit before this Court.ratio¶21
Consequently, the impugned order is set aside; the application for withdrawal of the civil suit with liberty to file afresh stands dismissed; and the main civil suit is restored to its original number.ratio¶22

Detailed headnote1 paragraphs

Civil Revision (Punjab & Haryana High Court, Alka Sarin, J., oral, decided 08.09.2025) — Withdrawal of civil suit with liberty to file afresh: The Trial Court's order dated 26.10.2016 allowed the plaintiffs to withdraw their suit but refused permission to file a fresh suit on the same cause of action, leaving them remediless; such a course cannot be sustained in law. Held: where no technical defect is shown in the suit, the withdrawal-with-liberty application must either be accepted or simply dismissed — it cannot be disposed of by permitting withdrawal alone. Before the High Court, counsel for the petitioners was unable to point out any technical defect. Accordingly, the impugned order was set aside, the withdrawal application stood dismissed, and the main civil suit was restored to its original number; pending applications were also disposed of.

¶1

277

¶2

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CR-8185-2017 (O&M) Date of Decision : 08.09.2025

¶4

Balwinder Kaur and Anr.

... Petitioner(s)

Versus

Nachhattro and Ors.

... Respondent(s)

CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

¶10

Present : Mr. Naveen Upadhyay, Advocate for the petitioners.

¶11

Mr. S.K. Jain, Advocate for respondent Nos.2 to 4 & 6 to 11.

¶12

Petition qua respondent No.12 dismissed vide order dated 08.01.2019.

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ALKA SARIN, J. (Oral)

¶14

Challenge in the present revision petition is to the order dated 26.10.2016 (Annexure P-3) whereby an application filed by the petitioners for withdrawal of the civil suit with liberty to file afresh though has been disposed off with a direction that the suit is dismissed as withdrawn, however, no permission to file a fresh suit on the same cause of action was given.

¶15

Learned counsel for the petitioners would contend that either the application ought to have been accepted in toto and permission ought to have been granted for filing a fresh suit on the same cause of action or the same could have been dismissed. However, vide the impugned order the petitioners have been left remediless.

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Per contra , learned counsel for respondent Nos.2 to 4 & 6 to 11 would contend that since no technical defect was pointed out and therefore the permission was rightly declined.

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ANKUR GOYAL 2025.09.09 08:45 I attest to the accuracy and integrity of this order/judgment

¶18

CR-8185-2017 (O&M)

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--2—

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Heard.

¶21

In the present case the permission sought by the petitioners was to withdraw the suit with liberty to file a fresh suit on the same cause of action. The Trial Court though permitted the petitioners to withdraw the suit, however, did not give any permission to file a fresh suit on the same cause of action leaving the petitioners remediless. The Trial Court either should have accepted the application and in case the petitioners were not able to show any technical defect in the suit, the permission to withdraw the suit with liberty to file a fresh suit on the same cause of action should have been dismissed. Before this Court the counsel for the petitioners is unable to point out any technical defect in the suit.

¶22

In view of the above, the order dated 26.10.2016 cannot be sustained in law and the same is accordingly set aside. The application filed for withdrawal of the civil suit with liberty to file afresh stands dismissed. The main civil suit is restored to its original number.

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Disposed off. Pending applications, if any, also stand disposed

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off.

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08.09.2025 ( ALKA SARIN ) Ankur JUDGE

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NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

¶27

ANKUR GOYAL 2025.09.09 08:45 I attest to the accuracy and integrity of this order/judgment

Balwinder Kaur and Anr. v. Nachhatro and Ors.

Case brief

What is this about?

What did the court decide?

Balwinder Kaur and Anr. v. Nachhatro and Ors.

Case brief

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What the court decided

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