Final Order 1

Order Details: Other
Pdf Text: 14.08.2023 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5
SU. 956/20. Adv. Milind Mhatre i/b Jahangiyani Narulla for Plaintiff present.
Adv. Pradip Patil for defendant/ BMC present.
Order on Exhibit-9
This application is filed by the plaintiff through her advocate for
permission to withdraw the suit. This liberty to file fresh suit on the
same cause of action.
The learned Adv. for the plaintiff submitted that the defendant No.1
demolished the suit structure pending the Notice of Motion. It is
submitted that in view of happening of subsequent events during
pendency of the suit the plaintiff wants to bring fresh suit on the same
cause of action pursuant to the impugned notice. The learned Adv. for
the plaintiff submitted that this suit was filed in urgency and, therefore,
there was no compliance of Section 527 of MMC Act and several
complications would arise in amending the plaint. It is therefore,
necessary to withdraw this suit by seeking permission to file fresh suit
on the same cause of action.
On the other hand, learned Adv. for the defendant strongly resisted
the application by contending that no such permission can be granted to
file afresh suit on the same cause of action.
Considering the aforesaid facts and circumstances, while considering
the aforesaid reasons, in my view the plaintiff has made out a case
under Rule 1(3)(b) of Order 23 Civil Procedure Code subject to the
period of limitation as will be applicable in filing fresh suit on the same
cause of action while seeking to withdraw the suit. Thus, following
order is passed-
O R D E R
1. Application exhibit-9 for permission to withdraw the suit with
liberty to file fresh suit is allowed.
2. In view of the application exhibit-9 and order passed on it, suit
stands disposed off.
3. L.C. Suit No.956/2020 stands disposed off accordingly.
Judge
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