Shri Krishan Goel v. Virender Goel & ORS.

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 149/2024 SHRI KRISHAN GOEL ..... Plaintiff Through:

Mohd. Haris Taslim, Advocate.

versus VIRENDER GOEL & ORS.

..... Defendants Through:

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 27.03.2024 I.A. 7010/2024 CS(OS) 149/2024 By way of I.A. No. 7010/2024 filed under section 151 of the Code of Civil Procedure 1908 ('CPC'), the plaintiff seeks leave to withdraw the suit with liberty to file afresh, stating that there are certain inherent defects in the plaint which cannot be cured by way of amendment. For the record, I.A. No. 6164/2024 under Order VI Rule 17 CPC filed by the plaintiff seeking amendment of the plaint, was allowed vide last order dated 15.03.2024.

Be that as it may, the application is allowed; the suit is disposed-of as withdrawn, with liberty as prayed-for.

Pending applications, if any, also stand disposed-of. CS(OS) 149/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/04/2024 at 12:16:16

However, it is directed that if the plaintiff files a fresh suit, he will also file therewith a copy of the plaint filed in the present matter. Considering that the suit was at the absolute threshold, and no proceedings had taken-place so far, the court-fee affixed on the plaint is also directed to be refunded in its entirety.

The Registry is directed to draw-up the requisite certificate in favour of the plaintiff, within 02 weeks.

The date of 22.05.2024 given earlier, stands cancelled. ANUP JAIRAM BHAMBHANI, J MARCH 27, 2024 ds CS(OS) 149/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/04/2024 at 12:16:16