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Mukut Phukan Proprietor / Owner of Steel & Grip v/s United Bank of India & Others


Company & Directors' Information:- S A L STEEL LIMITED [Active] CIN = L29199GJ2003PLC043148

Company & Directors' Information:- M M S STEEL PRIVATE LIMITED [Active] CIN = U27109TZ1996PTC006849

Company & Directors' Information:- G. O. STEEL PRIVATE LIMITED [Active] CIN = U27100PB2007PTC031033

Company & Directors' Information:- J M G STEEL PRIVATE LIMITED [Strike Off] CIN = U27105BR1992PTC004985

Company & Directors' Information:- H L STEEL PVT LTD [Active] CIN = U27107AS1992PTC003726

Company & Directors' Information:- K V M STEEL PRIVATE LIMITED [Active] CIN = U29141DL1988PTC031248

Company & Directors' Information:- K STEEL PRIVATE LIMITED [Strike Off] CIN = U27104JH1973PTC000998

Company & Directors' Information:- R. J. STEEL PRIVATE LIMITED [Active] CIN = U28112MH2009PTC193047

Company & Directors' Information:- M M STEEL PRIVATE LIMITED [Active] CIN = U27107MH2001PTC131270

Company & Directors' Information:- B L STEEL PVT LTD [Active] CIN = U51909WB1981PTC034021

Company & Directors' Information:- R K G STEEL PRIVATE LIMITED [Active] CIN = U27109DL2004PTC128852

Company & Directors' Information:- V B STEEL PRIVATE LIMITED [Active] CIN = U28112MH2010PTC211691

Company & Directors' Information:- I B STEEL COMPANY PRIVATE LIMITED [Strike Off] CIN = U28910MH2010PTC211344

Company & Directors' Information:- J S C STEEL PRIVATE LIMITED [Active] CIN = U27106UP2013PTC061568

Company & Directors' Information:- S. M. STEEL PRIVATE LIMITED [Active] CIN = U51101MH2013PTC239811

Company & Directors' Information:- R K P STEEL LTD [Active] CIN = L27109WB1980PLC033206

Company & Directors' Information:- C P STEEL PRIVATE LIMITED [Active] CIN = U27100WB2008PTC127447

Company & Directors' Information:- A. K. J. STEEL PRIVATE LIMITED [Active] CIN = U28112WB2010PTC144880

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- C D STEEL PVT LTD [Under Liquidation] CIN = U27109WB1981PTC034340

Company & Directors' Information:- T M S STEEL PRIVATE LIMITED [Strike Off] CIN = U02710TZ1996PTC007498

Company & Directors' Information:- P M R STEEL PRIVATE LIMITED [Active] CIN = U51102DL2003PTC122675

Company & Directors' Information:- C T STEEL PVT LTD [Active] CIN = U27109WB2005PTC106634

Company & Directors' Information:- P G STEEL PVT LTD [Strike Off] CIN = U24111AS1998PTC005409

Company & Directors' Information:- A AND S STEEL PRIVATE LIMITED [Active] CIN = U63090DL1987PTC027835

Company & Directors' Information:- J S STEEL PRIVATE LIMITED [Active] CIN = U52190CT1978PTC001432

Company & Directors' Information:- U M STEEL PRIVATE LIMITED [Strike Off] CIN = U27209TN1986PTC013670

Company & Directors' Information:- L N STEEL PRIVATE LIMITED [Active] CIN = U27310WB2007PTC118206

Company & Directors' Information:- K. D. W. STEEL PRIVATE LIMITED [Active] CIN = U28910UP2011PTC043976

Company & Directors' Information:- R. N. STEEL PRIVATE LIMITED [Active] CIN = U27100WB2007PTC116588

Company & Directors' Information:- P M STEEL PRIVATE LIMITED [Active] CIN = U27105MP1982PTC001915

Company & Directors' Information:- M R STEEL (INDIA) PRIVATE LIMITED [Active] CIN = U27100TG2013PTC088808

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- C K STEEL PVT LTD [Active] CIN = U29150WB1975PTC030259

Company & Directors' Information:- K STEEL & COMPANY PVT LTD [Strike Off] CIN = U51909WB1991PTC053960

Company & Directors' Information:- N S STEEL PVT LTD [Strike Off] CIN = U27106PB1980PTC004266

Company & Directors' Information:- R C STEEL PVT LTD [Strike Off] CIN = U28112AS1980PTC001811

Company & Directors' Information:- UNITED BANK LIMITED [Liquidated] CIN = U93090TN1937PLC003162

Company & Directors' Information:- P D STEEL PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC038426

Company & Directors' Information:- A K STEEL PVT LTD [Strike Off] CIN = U99999DL1961PTC003566

Company & Directors' Information:- H S P STEEL PRIVATE LIMITED [Strike Off] CIN = U27100MH2013PTC242983

Company & Directors' Information:- D H STEEL PRIVATE LIMITED [Strike Off] CIN = U27109RJ2012PTC039742

Company & Directors' Information:- R A STEEL PRIVATE LIMITED [Active] CIN = U51909MH2014PTC253625

Company & Directors' Information:- N. V. STEEL PRIVATE LIMITED [Strike Off] CIN = U27310DL2009PTC186541

Company & Directors' Information:- K. D. STEEL PRIVATE LIMITED [Strike Off] CIN = U28939DL2012PTC244467

Company & Directors' Information:- STEEL INDIA PRIVATE LIMITED [Strike Off] CIN = U00349KA1958PTC001309

    Civil Revision Petition No. 417 of 2013

    Decided On, 04 December 2018

    At, High Court of Gauhati

    By, THE HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA

    For the Appearing Parties: S. Bhattacharjee, S.R. Bhattacharjee, S. Dutta, Advocates.



Judgment Text

1. Heard Mr. S.R. Bhattacharjee, the learned Senior Counsel assisted by Mr. R. Das, the learned counsel for the petitioner and Mr. S. Dutta, the learned Senior Counsel assisted by Mr. Sidhant Dutta, the learned counsel for the all respondents.

2. The present petitioner is the plaintiff in Title Suit No. 28/2013 in the Court of learned Civil Judge, Dibrugarh filed against the present respondents-defendants seeking the reliefs of declaration and for compensation. Summons were issued to the respondents who are the defendants. At that stage of the suit, the plaintiff-petitioner preferred an application under Order 23 Rule 1 (3) of the Code of Civil Procedure, 1908 (CPC) for withdrawal of the suit with a liberty to file afresh.

3. In order to get the relief to file the suit afresh the plaintiff-petitioner pleaded in the said petition for withdrawal that he failed to show the itemized compensation and as such a formal defect crept into the suit for which he wanted to withdraw the suit alongwith the leave to file it afresh. The present respondents filed their objection thereby objecting against the contentions made in the said petition of the plaintiff-petitioner. The learned court below vide its impugned order dated 31.08.2013 allowed the said application for withdrawal but without the leave for filing the suit afresh. While passing the impugned order the learned Court below held that the law is settled. Withdrawal of suit with leave to file it afresh can be allowed only when it appears to the court that the suit must fail by reason of some formal defects or there are sufficient grounds for allowing the plaintiff to institute a fresh suit. The learned court below also held its findings that no such grounds are specifically averred by the plaintiff-petitioner. Being aggrieved the petitioner is before this court by filing this revision petition.

4. Mr. Bhattacharjee, the learned Senior counsel for the petitioner submits that if at all the court was dissatisfied in showing any formal defects the court below ought to have dismissed the said application under Order 23 of the CPC straightway. But the act of allowing the said application for withdrawal without leave is an exercise on the part of the court below which is beyond its jurisdiction. Accordingly, he sought for setting aside the impugned order.

5. Mr. Dutta, the learned Senior counsel for the respondents, on the other hand, submits that formal defects must be pleaded specifically in any application for withdrawal of suit with a leave to file it afresh. Relying K.S. Bhoopathy & Ors. Vs. Kokila & Ors., (2000) 5 SCC 458, Mr. Dutta submits that formal defects must be examined by the court minutely. Merely an averment that the suit is impregnated with inherent formal defects cannot be a ground to grant the leave by a court. It is further submitted that if the plaintiff-petitioner is allowed to withdraw the suit with leave to file it afresh, the relief as on today is hit by the law of limitation. Moreover, it is submitted that the plaintiff-petitioner failed to show that fresh cause of action accrued to file the suit afresh. Thus, he submits that the learned court below rightly did not grant the leave to file the suit afresh. It is further submitted that the law in this field as on date is that if an application for withdrawal of a suit cannot be granted with leave to file afresh than the petition itself must be dismissed as a whole without compartmentalization of the reliefs claimed by the plaintiff.

6. Considered the submissions of both the learned Senior Counsel. On a plain perusal of the provision of Order 23 of the CPC there is no specified categories of cases under which leave to file a suit afresh can be granted. The court is given discretion under Order 23 Rule 1 (3) of the CPC but before the application of the discretion by the Court it must be satisfied that a suit must fail by reasons of some formal defects or there are sufficient grounds for allowing the plaintiff to withdraw and institute afresh a suit for the subject matter of a suit or part of a claim and only on fulfilling the said condition permission to withdraw the suit must be granted with liberty to institute a fresh suit. The petitioner failed to show any cogent grounds that there are formal defects in the suit but even then the learned court below partly allowed the petition to withdraw the suit but without any leave. The said application of the discretion by the court below cannot be accepted as proper inasmuch as while passing the impugned order the learned court below failed to take note of the provision under Order 2 Rule 2 of the CPC wherein it is specifically stipulated that in respect of any relinquishment of a part of his (plaintiff) claim and intentionally relinquishes any portion of claim the plaintiff shall not afterwards sue in respect of the portion so omitted or relinquished. The learned Court below failed to consider that the leave stipulated under Order 23 Rule (1) sub rule (3) of the CPC is only to protect the plaintiff from the provision of Order 2 Rule 2 of the CPC. The impugned order if allowed to remain would cause the plaintiff-petitioner prejudiced inasmuch as the plaintiff-petitioner shall be debarred from making the claim further in any other suit. Acco

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rdingly, I in my considered opinion is satisfied that this revision petition must be allowed thereby setting aside the impugned order dated 31.08.2013 passed by the learned Civil Judge, Dibrugarh in Title Suit No. 28/2013. 7. The parties in this revision petition shall appear before the Court of learned Civil Judge, Dibrugarh on 07.01.2019 and on production of the order passed today necessary order shall be passed and the Title Suit No. 28/2013 shall be revived and dispose of the same as per the law. With the said direction and observation this revision petition stands allowed.
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