UNION OF INDIA Vs. PRAVASH DUTTA

JUDGEMENT

(1.) VAKALATNAMA filed on behalf of respondents be kept with the record.

(2.) MR. Banerjee has taken a preliminary objection in this matter drawing our attention to Paragraph-15 of the petition. Since it is a point of law there is no need for any affidavit-in-opposition. We have gone through the statement and averments made in the petition. Accordingly, we quote the exact language used in Paragraph-15 of the petition: -

(3.) IT is thus clear that earlier writ petition was withdrawn may be on some valid or invalid ground but without leave of the Court. Rule 53 of the writ Rules framed by this Court has adopted the provisions of Civil procedure Code to the extent it is applicable. Order 23 sub-rule 3 (b) and (4) sub-rule (b) provides as follows: -