Tushar Kanti Ganguli v. Raghuvir Singh and Others

Delhi High Court · 22 Apr 2015 · 2015:DHC:3668
Hima Kohli
CS(OS) 591/2012
2015:DHC:3668
civil appeal_allowed

AI Summary

The Delhi High Court allowed the plaintiff's unconditional withdrawal of the civil suit under Order XXIII Rule 1 CPC due to the plaintiff's indifferent health and directed return of original documents upon filing certified copies.

Full Text
Translation output
CS(OS) 591/2012
HIGH COURT OF DELHI
CS(OS) 591/2012
TUSHAR KANTI GANGULI ..... Plaintiff
Through: Mr. S.K. Bhaduri, Advocate with plaintiff in person.
VERSUS
RAGHUVIR SINGH AND OTHERS ..... Defendants
Through: None
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 22.04.2015
I.A. 8195/2015 (by the plaintiff u/O XXIII R 1 CPC)
JUDGMENT

1. The present application has been filed by the plaintiff praying inter alia for permission to withdraw the present suit unconditionally.

2. Counsel for the plaintiff states that the plaintiff is a senior citizen and is keeping indifferent health and therefore, not interested in proceeding further with the suit.

3. In view of the submission made by the counsel for the plaintiff, the present suit is dismissed as withdrawn.

5. File be consigned to the record room. 2015:DHC:3668 CS(OS) 591/2012

6. At this stage, learned counsel for the plaintiff states that the Registry may be directed to return the original documents filed with the suit.

7. Subject to the plaintiff filing the certified copies of the original documents, the same shall be returned to him through counsel. HIMA KOHLI, J APRIL 22, 2015 rkb