WPMS/3342/2025
2025 Latest Caselaw 5965 UK

Uttarakhand High Court

WPMS/3342/2025 on 9 December, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                  WPMS No.3342 of 2025
                                  Hon'ble Pankaj Purohit, J.

Mr. Siddhartha Singh, Advocate for the petitioners.

2. This writ petition has been filed under Article 227 of the Constitution of India, whereby the petitioners-plaintiffs have challenged the order dated 18.11.2025 passed by the IVth Additional District Judge, Haridwar, in Civil Revision No. 85 of 2023, Vijay Pal Singh Vs. Prem Chandra Jain through L.R.s and another. By the said order, the revision petition filed by the defendant was allowed, and the judgment and order dated 21.11.2023 passed by the learned trial court--granting liberty to the petitioners-plaintiffs to withdraw the suit with permission to file a fresh one--was set aside.

3. Learned counsel for the petitioners-plaintiffs contends that an application under Order 23 Rule 1 of the C.P.C. for withdrawal of the suit with liberty to file a fresh one, containing better particulars, had been moved. The reason for filing the withdrawal application was that the valuation report had been submitted by the Court Ameen, necessitating the filing of the said application. The withdrawal application was allowed with liberty to file a fresh suit. Aggrieved by the said order, the respondent- defendant filed Civil Revision No.85 of 2023, Vijay Pal Singh Vs. Prem Chandra Jain through L.R.s and another, which was allowed by the impugned order dated 18.11.2025 (annexure no.1 to the writ petition).

4. It is argued by learned counsel for the petitioners- plaintiffs that the learned revisional court exceeded its

jurisdiction in allowing the revision petition. The order impugned in the writ petition pertains merely to withdrawal of the suit with liberty to file a fresh one, and in such circumstances, the learned revisional court ought not to have interfered. Instead, it directed the learned trial court to decide the Original Suit No. 211 of 2013, Prem Chandra Jain and another Vs. Vijay Pal Singh, on merits.

5. Having considered the submissions advanced by learned counsel for the petitioners-plaintiffs and having perused the material available on record, this Court is of the view that the matter requires deliberation.

6. Issue notice to the respondent, returnable within four weeks.

7. Steps to be taken within a week.

8. The respondent shall file his counter affidavit within four weeks.

9. List this case on 10.03.2026.

10. In the meantime, the proceedings of Original Suit No. 211 of 2013, Prem Chandra Jain and another Vs. Vijay Pal Singh, pending before the learned Civil Judge (J.D.), Haridwar, shall remain stayed.

11. Stay Application (IA No. 1 of 2025) stands disposed of accordingly.

(Pankaj Purohit, J.) 09.12.2025 SK