STATE BANK OF INDIA Vs. INDER RAJ MALIK

JUDGEMENT

(1.) THIS order disposes of IA 5890/93 filed by the plaintiff under Order 23 Rule 1 (3) of the Civil Procedure Code seeking leave to withdraw part of its claim in the suit with liberty to file a fresh suit as regards that claim before a competent court having jurisdiction at Gurgaon. The facts of the case and the legal questions arising for decision are more or less the same, as they were in IA 5839/93 filed in S.No. 1087/84. For the reasons assigned in details in the order dated 3.10.94 passed in S.No. 1087/84, this Court has held it not to be a sound exercise of discretionary jurisdiction to permit the plaintiff to withdraw a part of the claim.

(2.) FOR the same reasons IA 5840/93 is rejected and the plaint is directed to be returned for presentation to proper court. Intimation of this decision is given to the plaintiff as contemplated by Order 7 Rule 10 A(i) of the Civil Procedure Code.