Shri Pravin Kumar KairamkondaVsShri Dharmesh Ratilal Patni

Date: 10-04-2018
Business: By precipe.
Adv. Murudkar for pltff present and tendered application for leave under Order-II, Rule-2 of CPC. TOR and marked as Exh.2.
  During part heard arguments of application Exh.2, LC for plaintiff and plaintiff made endorsement on the suit for grant of liberty to file the fresh suit on the same cause of action. LC for plaintiff and plaintiff submitted that they want to withdraw the suit with liberty to file fresh. There are grounds whereby plaintiff will be precluded in filing separate suit for the recovery of the alleged outstanding amount of Rs.17 Lacs alongwith interest, if leave is refused under Order-II Rule-2 of CPC and therefore, leave under orderXXIII, Rule 1 (1) (3) of CPC is granted as prayed. As suit is withdrawn, the same stands dismissed for want of prosecution with liberty as prayed.
   Plaintiff waives his right to claim refund of Court Fee.
   Suit be registered for statistical purpose.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 10-04-2018

Filing Number: 104768/2018
Filing Date: 02-04-2018
First Hearing Date: 10th April 2018
Decision Date: 10th April 2018
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE