Shanaya Abbot ( Minor) v. Dr Vijay Abbot & ORS.
$~O-37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 179/2025, I.A.7366/2025, I.A. 7367/2025 & I.A.17846/2025 SHANAYA ABBOT ( MINOR) THROUGH HER LEGAL GUARDIAN .....Plaintiff Through:
Mr. Sanjay Katyal with Ms. Ritika Bansal, Advocates.
versus DR VIJAY ABBOT & ORS.
.....Defendants Through:
Mr. Kapil Madan with Ms. Ayushi Bisht, Advocates.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R
% 21.08.2025 1.
Mr. Sanjay Katyal, learned counsel appearing for the plaintiff, after perusal of the decision passed by this Court in the case of Vipin Wadhwa v. M/s Prashant Enterprises1, seeks liberty to withdraw the instant civil suit with liberty to take appropriate remedy in accordance with the provisions under Order XXIII Rule 3A of the Code of Civil Procedure, 1908 (CPC). 2.
He, however, submits that the objection regarding maintainability of his application under Order XXIII Rule 3A of the CPC may not be allowed to be raised by the defendants, in the event he resorts to the said remedy. 3.
Mr. Kapil Madan, learned counsel appearing for the defendants, unequivocally submits that his application on merit is not maintainable. He, however, submits that there is no question of raising the objection under Order XXIII Rule 3A of the CPC regarding maintainability of the 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 25/08/2025 at 11:57:43
application itself.
4.
In view of the aforesaid, the liberty so prayed for is granted. The plaintiff shall be at liberty to take appropriate steps in accordance with provision under Order XXIII Rule 3A of the CPC. 5.
All rights and contentions are left open.
PURUSHAINDRA KUMAR KAURAV, J AUGUST 21, 2025 tr/sp 1 2025 DHC 5229 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 25/08/2025 at 11:57:43