Dina Nath vs Anil Kumar
2025 Latest Caselaw 6082 HP

Himachal Pradesh High Court

Dina Nath vs Anil Kumar on 27 May, 2025

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                           CMPMO No. 655 of 2024
                                           Decided on: 27.05.2025


 Dina Nath                                                  ....Petitioner.

                                    Versus

  Anil Kumar                                                ...Respondent.

 Coram

 The Hon'ble Mr. Justice Satyen Vaidya, Judge.
 Whether approved for reporting?1


 For the petitioner           :             Mr. Neel Kamal Sharma,
                                            Advocate.

 For the respondent :                       Mr. Tarun K. Sharma,
                                            Advocate.


 Satyen Vaidya, Judge (Oral)

The instant petition has been filed against

order dated 26.10.2024, passed by learned Civil

Judge, Badsar, District Hamirpur, H.P. in C.M.A. No.

305 of 2024, whereby the application of the petitioner

1 Whether reporters of the local papers may be allowed to see the judgment?

under Order 7 Rule 11 of the Code of Civil Procedure,

for rejection of the plaint has been dismissed.

2. Learned counsel for the petitioner after

arguing for some time seeks permission to withdraw

this petition as also the application under Order 7

Rule 11 of the Code of Civil Procedure, filed before

learned Trial Court with liberty to file afresh

application for rejection of plaint by raising all

available grounds under law.

3. Learned counsel for the respondent

opposes the prayer on the ground that by allowing the

petitioner to withdraw the application, the rights of

the respondent shall be prejudiced.

4. Having considered rival submissions, I

am of the considered view that the prayer of the

petitioner being innocuous is liable to be allowed.

Even if the impugned order remains as it is, it will not

stop the petitioner from filing fresh application for

rejection of plaint on any other ground that has not

been raised in this application.

5. In this view of the matter, petitioner is

permitted to withdraw the application under Order 7

Rule 11 of the Code of Civil Procedure, with liberty to

file afresh application on the grounds available to

him in accordance with law.

6. Accordingly, the instant petition is also

dismissed as withdrawn.

7. Pending miscellaneous application(s), if any,

shall also stand disposed of.

                                      (Satyen Vaidya)
27   th
        May, 2025                        Judge
      (sushma)