Nisar Ahmed Basheer QureshiVsMCGM +1 more

Date: 29-01-2018
Business: By precipe.
Adv. M. Sahu for pltff present and filed application for withdrawal of the suit with liberty to institute fresh suit for subject matter of the suit under O-XXIII, R-1(3)of CPC.
  Heard LC for plaintiff.
  It is contended by the plaintiff that D-1 MCGM and not D-2 MHADA is undertaking the demolition of the work of the building and therefore, D-2 was not required to be arrayed as party to the proceedings as not being a necessary party to the suit. Under such circumstance, I am satisfied that there are sufficient ground allowing the plaintiff to institute fresh suit for subject matter of the suit as carrying out amendment in the plaint will be more tedious and shabby exercise to be carried out. Therefore, liberty as prayed under O-XXIII, R-1(3) of CPC is granted to the plaintiff. As suit is withdrawn the same stands disposed of.
  LC for plaintiff waives the right of refund of the Court fee.
Nature Of Disposal: WITHDRAWL
Disposal Date: 29-01-2018

Filing Number: 101380/2018
Filing Date: 23-01-2018
First Hearing Date: 29th January 2018
Decision Date: 29th January 2018
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE