Bombay High Court

WP/5986/2003 of VASANT VISHWANATH PUKALE Vs ARVIND VISHWANATH DANTKALE on 16 June 2003

Cites 0, Cited by 0

THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITIOIN NO. 5986 OF 2003WRIT PETITIOIN NO. 5986 OF 2003WRIT PETITIOIN NO. 5986 OF 2003 -------------------------------------------------------- Office Notes, Office Court’s or Judge’s orders Memoranda of Coram, appearances,

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

:1:

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE

WRIT PETITIOIN NO. 5986 OF 2003

WRIT PETITIOIN NO. 5986 OF 2003

-------------------------------------------------------- Office Notes, Office Court’s or Judge’s orders Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders

-------------------------------------------------------- Shri P.M. Shah for the petitioner.

Mr. K.Y. Mandlik for respondent.

CORAM : ANOOP V. MOHTA, J.

DATE : 28.11.2005

. By the present writ petition a

challenge is made to the order dated 4th March, 1998, whereby, the District Judge, Solapur, after considering the merits of the matter, allowed the appellant/original plaintiff to withdraw the suit, with permission to file fresh suit on the same cause of action, on condition of payment of cost of Rs.

300/- to the respondents.

2. Heard the Counsel appearing for

:2:

the parties. Petitioner’s basic

contention was Order 2 Rule 1 and 2

Sections 9 and 11, of Civil Procedure

Code (C.P.C.) based on the decision of (

Smithkline Beecham Consumer Healthcare

Gambhy and others V. Hindustan Lever

Ltd. and another) (2002)(1) MLJ 453) in

which the High Court has observed that

the plaintiff should raise all grounds

available in his first suit itself. The

Court has also considered the issue of

subsequent suit on the same cause of

action. The learned Counsel appearing

for the petitioner further submitted that this amounts to multiplicity of proceedings and abuse of the process of the Court. Therefore, the discretion should not have been used by the Court in such manner.

. The learned Counsel appearing for

the respondent made a statement that

based on the order dated 4/3/1998 the

plaintiffs have already filed a composite :3:

suit on 27th April, 1998 bearing R.C.S.

No.33/1998 for an injunction and

declaration and other reliefs. The said

suit is pending. The other side i.e.

respondent/petitioner has appeared and

are contesting the said suit.

3. Provisions of order 23 Rule 1 is

very clear that the Court has power to allow the parties to file fresh suit, if sufficient grounds are made out. There is nothing borne out or pointed out by the advocate appearing for the petitioner that by granting such relief or use of such discretion in favour of the parties, prejudice would be caused to the petitioner. In the present matter, original suit was only for simple injunction and not for declaration. The Court therefore, after considering the rival contentions raised by the parties, has exercised the power rightly.

According to me, it is within the frame

work of law and the record. The order is :4:

correct.

4. Taking all this into account, the

present writ petition therefore, is

dismissed, with no order as to cost.

(ANOOP V.MOHTA,J.]

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead