Yogita Gaurisaria vs High Court At Calcutta And Ors
2021 Latest Caselaw 387 Cal/2

                                  ORDER SHEET

                       IN THE HIGH COURT AT CALCUTTA
                           Civil Appellate Jurisdiction
                                 ORIGINAL SIDE

                               APO/54/2020
                                   WITH
                              WPO/395/2019
                             IA NO.GA/1/2021
                            YOGITA GAURISARIA
                                  Versus
                     HIGH COURT AT CALCUTTA AND ORS.

                               APO/57/2020
                                   WITH
                              WPO/394/2019
                             IA NO.GA/1/2021
                            SMITA GAURISARIA
                                  Versus
                     HIGH COURT AT CALCUTTA AND ORS.


  BEFORE:
  The Hon'ble JUSTICE ARINDAM SINHA
                And
  The Hon'ble JUSTICE SUVRA GHOSH
  Date : 13th April, 2021
                                                                             Appearance:
                                                        Mr. Saktinath Mukerjee, Sr, Adv.
                                                                Mrs.Manju Agarwal, Adv.
                                                                Mr. Bajarang Manot, Adv.
                                                                             for appellant
                                                                 Mr. Subrata Santra, Adv.
                                                 ..for private respondent/writ petitioner

Mr.Somnath Banerjee, Adv.

for respondent no.7 Mr.Sukanta Chakrabarty, Adv.

for High Court Administration

The Court : On the affidavits having come in, Mr. Mukherjee, learned

senior advocate appearing on behalf of appellant (respondent no.9 in one of the

writ petitions) relies on following judgments.

i) Bakhtawar Singh Vs. Sada Kaur reported in (1996) 11 SCC 167,

paragraph 8. We reproduce the last two sentences in the paragraph.

"However, the order dated 20-5-1971 passed by the civil court

was on record which did not indicate as to what was the formal

defect in the suit by reason of which the permission to withdraw

the same was accorded. In these facts and circumstances no case

for fresh institution of suit on the same cause of action and for the

same relief after the withdrawal of the earlier suit was made out

by the plaintiffs/ appellants in accordance with the provisions of

clause (3) of Order 23 Rule 1 of the Code."

ii) Haridas Sadhu Khan Vs. Giridhari Sadhu Khan reported in AIR

1934 Cal 59, paragraph 3.

iii) Rajesh Kumar Vs. Roshan Lal available at 2015 SCC OnLine HP

3139, paragraph 7.

Respondents, particularly writ petitioners, are on notice of the law relied

upon.

List for final hearing on 4th May, 2021.

(ARINDAM SINHA, J.)

(SUVRA GHOSH, J.) sb.