Final Order 2

Order Details: Notice of Motion
Pdf Text: 24/02/2022 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
3
SU 3266/18
Exh.6
By precipee.
Adv Mr. Shreyans Baid present for plaintiff and filed application
Exh.6 for seeking permission to withdraw the suit with liberty to file
a fresh suit.
Adv Ms. Rajvi Mehta for defendant present and endorsed say on
application Exh.6 itself that defendant submits the order of the Court.
C.A. Ramchandra Bairgi Yadav of the plaintiff is present in person.
On enquiry, CA of plaintiff has admitted the contents of Exh.6 to be
true, correct and admissible to him. Suit is filed through same power
of attorney holder who is the son of plaintiff Gangadevi. The suit is
sought to be withdrawn for filing a fresh suit on the ground that the
dispute in the suit is triable by Small Causes Court. Since the
defendant has submitted to the order of the Court, application Exh.6
is allowed as prayed. In the result, suit stands disposed of as
withdrawn by the plaintiff with liberty to file a fresh suit on same
cause of action.
Court fees be refunded to the plaintiff as per rules.
Pending N.M.No.766/2020 is also disposed off as suit is withdrawn.
Proceeding is closed.
Judge
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