Final Order 1

Order Details: Other
Pdf Text: 27/10/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
SU 289/2020
Exh.1
Exh.2
Exh.3
Exh.4
Exh.5
Exh.6
CA Roma Biswas of plaintiff present with Adv Mr. Manohar
Shetty and copy of AADHAR card of said CA is produced as
her ID proof.
Plaint at Exh.1.
Vakalatnama of Adv for the plff at Exh.2.
Memorandum of address of the plff at Exh.3.
List of documents at Exh.4
Adv. Shetty filed vakalatnama on behalf of the plaintiff at
Exh.5 along with no objection of previous advocate. Copy of
power of attorney is produced with the vakalatnama itself. Said
copy tallied with the original made available for verification
hence, original power of attorney returned back to CA of
plaintiff with direction to produce it as and when ordered by
the Court.
CA of plaintiff filed application Exh.6 under Order-23 Rule -
1(3) of CPC seeking withdrawal of the suit with liberty to file
fresh suit.
Verified the contents of application from CA of plaintiff. She
admitted the contents of the application to be true, correct and
admissible to her.
Deft is yet to be served with writ of summons.
For the reasons stated in the application, permission to
withdraw the suit with liberty to file fresh suit on same cause
of action is granted. Thus application Exh.6 is allowed as
above. In the result, suit stands disposed off as withdrawn by
the plaintiff with liberty to file fresh suit.
Court fees if any be refunded to the plaintiff as per rules.
Proceeding is closed.
Judge
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