REENA RAMESH SHIRODKAR Vs. ULHAS DATTARAM MAYEKAR

JUDGEMENT

(1.) HEARD Mr. Rohit Bras De Sa, learned Advocate for the petitioner and Mr. P. S. Rao, learned Advocate for the respondent.

(2.) BY this Writ Petition the petitioner challenges order dated 7.4.2012 passed by Civil Judge, Senior Division, Mapusa in Regular Civil Suit No. 60/2012/A by which application dated 5.3.2012 filed by the petitioner to withdraw the suit with liberty to institute a fresh suit has been dismissed. The petitioner is a plaintiff in the above suit filed for mandatory and permanent injunction against the respondent/defendant. After the defendant filed written statement, the plaintiff filed above application seeking to withdraw the suit with liberty to file a fresh suit on the ground that there were formal defects in the plaint and also on the ground that there was sufficient cause.

(3.) BY an impugned order learned Judge has dismissed the application primarily on the ground that certain facts which have not been pleaded by the plaintiff can be pleaded by way of amendment instead of withdrawing the suit and filling a fresh suit. Learned Judge further held that at this stage plaintiff could not have been allowed to withdraw the suit on the ground stated in the application.