GURDISH SINGH Vs. SUKHDEEP SINGH

JUDGEMENT

(1.) On 9/11/2021, the following order was passed by this Court:-

(2.) The respondent No.1 herein is a plaintiff in a suit for grant of decree of declaration to the effect that the Will dtd. 5/3/1991, produced by Gurdish Singh son of Sh.Rattan Singh is illegal, wrong and fabricated. The suit was filed in the month of March, 2021. Without any application, the Court permitted him to withdraw the suit with liberty to file a fresh one on the basis of the Will dtd. 5/3/1991. It is evident from the reading of the order dtd. 4/10/2021 that the Court has not recorded any reason while permitting the plaintiff to withdraw the suit. A suit, after its institution, can be permitted to be withdrawn in accordance with the Order XXIII Rule 1 CPC. However, if the plaintiff wants to withdraw the suit with liberty to file a fresh one on the same cause of action, he is required to establish that the suit suffers from a formal defect or there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the same subject matter.

(3.) It is evident that the Court, while passing the impugned order, did not examine the proviso of Order XXIII Rule 1 CPC.