Meenakshi Kapuria v. Pradeep Kumar & ORS

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 230/2016 and I.A. No.5897/2016 (stay) MEENAKSHI KAPURIA ..... Plaintiff Through:

Mr. Debesh Panda, Advocate.

Versus

PRADEEP KUMAR & ORS ..... Defendants Through

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 11.05.2016 1.

Counsel for the plaintiff states that he has instructions to withdraw the suit and accordingly he prays for and is granted liberty to file a fresh suit provided fresh suit is filed in accordance with a legal cause of action and the suit is not barred by law in view of the judgments of the Supreme Court in the cases of Yudhishter Vs. Ashok Kumar, (1987) 1 SCC 204 and Commissioner of Wealth Tax, Kanpur and Others Vs. Chander Sen and Others, (1986) 3 SCC 567 and ratios of which judgments have been referred to by this Court in the cases of Surender Kumar Vs. Dhani Ram and Ors., 227 (2016) DLT 217 and Mrs. Saroj Salkan Vs. Mrs. Huma CS(OS) No.230/2016

Singh and Ors.

in CS(OS) No.683/2007 decided on 5.5.2016.

2.

Suit is accordingly disposed of in terms of aforesaid observations.

VALMIKI J. MEHTA, J MAY 11, 2016 Ne CS(OS) No.230/2016