Final Order 1

Order Details: Other
Pdf Text: 25.03.2022
SU 1854/21
Exh. 2
Exh. 3
CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL
COURT,GR.MUMBAI (C.R.NO.1)
By Precipe.
NOB.TOB.
Pltff no. 1 Geeta Sawle is present.
Pltff no. 2 Sanjay is present.
Adv Shetty for pltff present and filed VP with NOC of previous
lawyer. TOR. Marked as Exh. 2
Adv for pltff has filed an application for withdrawal of suit. TOR.
Marked as Exh. 3.
Order below Exh. 3
Perused the application. Heard pltff and adv for pltff. In the
present case the writ of summons is not yet served upon the
defts. Considering the reason mentioned in the application
permission is granted to withdraw the suit as the suit will fail by
reasons of formal defect therefore as per the provisions of Order
23, Rule1(3) of CPC, in my opinion there are sufficient grounds
for allowing pltff to institue a fresh suit for this subject matter of
the suit and its claim. Application Exh. 3 is allowed and disposed
of.
Order below Exh. 1
In view of order below Exh. 3 suit stands disposed of as
withdrawn with liberty to institute a fresh suit as per Order23,
Rule1(3) of CPC. Court fees if any be refunded to the pltff as
per rules. Suit be removed from the board.
Judge
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