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High Court of DelhiCS(OS)/288/2023

Satnam Singh Rehal & ANR. v. Jitender Singh Rehal & ORS.

2025-08-22Hon'Ble Mr. Justice Amit Bansal2 pages

$~31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

I.A. 16027/2025 IN + CS(OS) 288/2023 SATNAM SINGH REHAL & ANR.

.....Plaintiffs Through:

Mr. Suhail Shah, Advocate.

versus JITENDER SINGH REHAL & ORS.

.....Defendants Through:

Ms.

Diksha Goswami, Mr.

R.K.

Mishra, Advocates for D-1 & 2 with Ms. Ajit Kaur, D-2 in-person.

Mr. Keshav Ahuja & Ms. Shivali Sharma, Advocates for D-3-5.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 22.08.2025 I.A. 16027/2025 (seeking withdrawal of the captioned suit) 1.

This application has been filed by the plaintiffs under Order XXIII Rule 1(b) to withdraw the present suit, with liberty to institute a fresh suit on the same cause of action.

2.

The reasons for withdrawing the present suit to institute a fresh suit have been explained in paragraph nos. 2, 3 and 4 of the captioned application, which are primarily based on subsequent events that happened since the filing of the present suit.

3.

Notice in the present application was issued on 10th July, 2025. 4.

Counsel for the defendants submit that they have no objection to the CS(OS) 288/2023 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 26/08/2025 at 11:57:06

relief sought in the present application, however, it is stated that the fresh suit, if instituted by the plaintiffs, would have to be within the prescribed period of limitation.

5.

I am in agreement with the aforesaid submission. 6.

Accordingly, the present suit is dismissed as withdrawn, with liberty to the plaintiffs to file a fresh case on the same cause of action, subject to the prescribed period of limitation.

7.

The pending application(s) stand disposed of. AMIT BANSAL, J AUGUST 22, 2025 at CS(OS) 288/2023 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 26/08/2025 at 11:57:06