Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 8 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101301/2018
Anandkumar Hiralal Dargar Vs Municipal Corporation of Gr. Mumbai
Date : 03-04-2021
Business : Adv. Sandeep Singh for plaintiff present. Adv. Ms. Smita
Chavan h/f Adv. Ms. Hazare for deft/MCGM present. None
for applicant. Order on Exh.6 (Application for withdrawal
of Suit) The withdrawal and compromise of Civil Suit is
provided by Order 23 of the Code of Civil Procedure, 1908.
There are two types of withdrawal provide by it. Those are :
a) Absolute withdrawal :- In this form of withdrawal, the
leave of the Court is not needed and b) Qualified
withdrawal :- In this, the leave of the Court is needed. It is
settled position of law that after institution of Suit, the
plaintiff may at any point of time withdraw his claim or Suit
against anyone or all the defendant without need of taking
the a leave from the Court as per Order 23 Rule 1 of CPC.
Plaintiff has absolute right in such cases. This is based on
principal of invito beneficium non datur it means the law
cannot confer a benefit to a man which is does not desire. In
this particular case, plaintiff has filed true copy of IOA
issued by Slum Rehabilitation Authority on 08.12.2020
regarding the suit premises. The contentions of the
withdrawal application that the SRA has issued IOA,
therefore, plaintiff do not wish to proceed with the present
matter. There is not substance in the argument advanced by
the deft/Corporation and the applicant. Plaintiff is entitled
for withdrawal of his owned suit in view of discussion as
made supra. Hence I am inclined to pass following order :-
ORDER 1) In view of the withdrawal application at Exh.6,
L.C. Suit No. 317/17 is disposed off as withdrawn. 2) Court
fee be refunded to the plaintiff as per rule. 3) No order as to
costs. 4) In view of disposed of Suit, NM No.130/2018 and
Ch/s No.297/2017 stand disposed off. Authenticated copies
be given to the both parties.
Nature of Disposal : WITHDRAWL
Disposal Date : 03-04-2021
COURT 8 ADDL SESSIONS JUDGE
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