Aman Singh v. Sudesh & Ors.

Delhi High Court · 02 Sep 2015 · 2015:DHC:7254
Hima Kohli
CS(OS) 126/2014
2015:DHC:7254
civil appeal_allowed

AI Summary

The court allowed the plaintiff's unopposed application to withdraw the suit following settlement, dismissing the suit as withdrawn under Order XXVIII Rule 1 CPC.

Full Text
Translation output
CS(OS) 126/2014 & IA No.843/2014
AMAN SINGH ..... Plaintiff
Through : Mr. L.B. Rai, Advocate with plaintiff in person.
VERSUS
SUDESH & ORS ..... Defendants
Through: None.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 02.09.2015
IA No.18317/2015 (by the plaintiff u/O XXVIII R-1 CPC)
JUDGMENT

1. The present application has been filed by the plaintiff praying inter alia for permission to withdraw the accompanying suit on the ground that the disputes between the parties have been settled and the plaintiff does not wish to pursue the suit any further.

2. As per the record, an advance copy of the application has been served on the counsel for the defendants through speed post. Despite the same, none is present on their behalf.

3. As the plaintiff seeks an unqualified withdrawal of the accompanying suit, the application is allowed. The suit is dismissed as withdrawn, along with the pending application.

5. The date fixed in the case, i.e., 12.10.2015 stands cancelled. HIMA KOHLI, J SEPTEMBER 02, 2015/sk/rkb