Revision petition regarding permission to withdraw a civil suit was admitted. The Court allowed withdrawal with liberty to file a fresh suit, noting proceedings had not materially advanced since stay was imposed.
Permission granted to withdraw the suit with liberty to file fresh suit in accordance with law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJD/003958]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Revision Petition No. 205/2022
Radha Sharma W/o Shri Sandeep Sharma, Aged About 48 Years, B/c Brahmin, R/o Chak 2 Mld-A, Tehsil Gharsana, Dist. Sri Ganganagar.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. H.R. Chawla for Mr. D.S. Thind For Respondent(s) : Mr. Awar Dan Ujjwal
HON'BLE MS. JUSTICE REKHA BORANA Order
04/02/2023
The matter comes upon an application preferred by plaintiffsrespondents Nos.1 & 2 seeking permission to withdraw the suit pending before the Court of Civil Judge, Gharsana with liberty to file fresh.
It has been submitted that the application for withdrawal of the suit was preferred before the trial Court but as vide interim order dated 25.11.2022, further proceedings in the suit had been stayed by this Court, the learned Court below kept the application in abeyance.
Therefore, the present application has been preferred before this Court.
(2 of 2)
[2023/RJJD/003958]
[CR-205/2022]
In the opinion of this Court, any party is at liberty to withdraw the suit if it deems fit and if the said withdrawal does not affect rights of the opposite party in any manner.
A perusal of the record shows that at the very instance of filing of the suit, an application under Order 7 Rule 11, CPC was preferred by the petitioner-defendant which was rejected by the learned Court below vide the impugned order dated 18.11.2022 but vide interim order dated 25.11.2022, further proceedings in the civil original case were stayed by this Court in the present revision petition. It is therefore clear that the suit proceedings were at the inception only and nothing material has proceeded thereafter.
In view of the same, the permission as prayed for by the plaintiffs-respondents Nos.1 & 2 is granted. The plaintiffs are permitted to withdraw the suit itself with liberty to file fresh in accordance with law. The present order would not affect the right of the appellant-plaintiff to raise any objection as available to her in terms of law.
With the above observations, the Civil Original Case No.70/2022 pending before the Civil Judge, Gharsana is dismissed as withdrawn with liberty to file fresh in accordance with law.
Consequently, the present revision petition also stands disposed of. Stay petition and all pending applications are also disposed of.
(REKHA BORANA),J
78-AbhishekS/-
2 issues framed by the court
Whether to grant permission to plaintiffs-respondents to withdraw the suit pending before the trial court.
Whether the withdrawal of the suit affects the rights of the opposite party.
1 provisions across 1 enactments
Radha Sharma
Rakesh Sharma
Mamta Tiwari
Gram Vikas Adhikar
Sarpanch
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
