LAWS(DLH)-2015-9-314

RAJEEV SAUMITRA Vs. NEETU SINGH AND ORS.

Decided On September 09, 2015
Rajeev Saumitra Appellant
V/S
Neetu Singh And Ors. Respondents

JUDGEMENT

(1.) I.A. No. 17610/2015 (u/o. XXIII R. 1(3) CPC, by plaintiff) and CS(OS) No. 1592/2015, I.A. No. 11514/2015 (u/o. XXXIX R. 1 & 2 CPC) and I.A. No. 13165/2015 (u/o. VII R. 11 CPC).

(2.) THE plaintiff has filed the present suit being CS (OS) No. 1592/2015 (hereinafter referred to as the "First Suit") for permanent injunction, rendition of account and damages for a sum of Rs. 25 lac against two defendants, namely, Neetu Singh and M/s. K.D. Campus Pvt. Ltd. Summons in the said suit were duly issued. The defendants appeared, however, no written statement was filed on their behalf, rather they chose to file an application under Order VII Rule 11 CPC.

(3.) IN the meanwhile, the plaintiff filed the fresh application being I.A. No. 17610/2015 under Order XXIII Rule 1(3) CPC for withdrawal of the suit, with liberty to file the fresh suit. The matter was listed before Hon'ble the Judge Incharge (Original Side).