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2022 DIGILAW 1070 (SC)

Gayatri Devi v. Ambika Tiwari

2022-07-15

HEMANT GUPTA, VIKRAM NATH

body2022
ORDER 1. The argument of the learned counsel for the petitioners is that an application for withdrawal of suit need not be followed by an order of the court. The order of the court is necessitated only in case where the plaintiff is a minor or other person to whom provisions contained in Rule 1 to 14 of Order XXXII of the Code of Civil Procedure extends. 2. Reliance is placed on a Judgment of the Bombay High Court in Anil Dinmani Shankar Joshi & Anr. Vs. Chief Officer, Panvel Municipal Council, Panvel & Anr. reported as AIR 2003 Bombay 238. 3. Issue notice on the Special Leave Petition as well as on the prayer for interim relief, returnable in four weeks. 4. Dasti, in addition, is permitted.