Final Order 1

Order Details: Other
Pdf Text: Dt.11/02/2019
ST.1011/19
CORAM : H.H.J SHRI. C. V. MARATHE (C.R.NO.08)
(Incharge Court of C.R.No.11)
By prceipe.
Adv. R.P. Singh with Adv. Avdhesh Pandey for
plaintiff present.
Adv. Tondwalkar for defendant/MCGM present.
Order on draft NM.
By instant NM, the plaintiff is seeking permission to
withdraw the suit after allowing him to institute a
fresh suit for the same subject matter of the suit.
Ld. Advocate for the plaintiff orally submits that
subsequent suit will not change nature of instant suit.
According to him there are many mistakes in the
earlier plaint and instead of making amendments in
patches, he is seeking liberty to institute fresh suit
after liberty to withdraw the instant suit.
Ld. Advocate for defendant has taken objection on
the ground that the plaintiff cannot be given liberty
to institute fresh suit when he can amend the plaint.
Record reveals that the plaintiff had earlier taken out
CS to make amendments in the plaint to correct
typographical mistakes. Despite that the plaintiff's Ld.
Advocate has stated that there are many
typographical mistakes and if permission is not
granted, the suit may fail by reason of such mistakes.
Considering all the above circumstances, plaintiff is
permitted to withdraw the suit with liberty to
institute a fresh suit for subject matter of this suit.
Needless to mention that such subsequent suit shall
be bound by the law of limitation as prescribed in
Order 23 Rule 2 of CPC.
Draft Notice of Motion is disposed off accordingly and
suit stands disposed off as withdrawn with liberty to
institute fresh suit for subject matter of this suit.
Draft NM and suit be registered for statistical
purpose.
Judge
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