The Rajasthan High Court allowed an application for withdrawal of a second civil appeal with a liberty to file a fresh appeal if a new cause of action arises, and disposed of the second appeal as withdrawn.
Application allowed; Second appeal disposed of as withdrawn with liberty to file fresh appeal.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Second Appeal No. 472 / 2008
Karam Chand Jain S/o Shri Sardarmal Jain B/c Oswal, Aged About 53 Years, Dhanmandi Kishangarh, Distt. Ajmer
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Saransh Saini
HON'BLE MR. JUSTICE ALOK SHARMA
Order
20/02/2018
An application has been filed on behalf of plaintiffappellant stating that he may be permitted to withdraw the appeal with liberty to file a fresh on a fresh cause of action.
The prayer in the application is innocuous. The plaintiffappellant is free to take his remedies as available in law, if a fresh cause of action accrues to him.
Resultantly the application is allowed. Second appeal is
disposed of as withdrawn accordingly.
(ALOK SHARMA)J.
Dk
Karam Chand Jain
Mohan Lal
Nagar Palika Kishangarh
Allok Sharma
As recorded by the court registry
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