Bombay High Court
RAISBANU FIROZ KHANversusABDUL RASHID A.R. YUSUF AND 2 ORS.
- Decided
- Disposal
- DISPOSED OFF
- Bench
- ARIF S DOCTOR
Holding
The court may grant leave to withdraw a suit and allow the plaintiff to file a fresh suit.
Summary
The plaintiff, Raisbanu Firoz Khan, filed a civil suit but later moved the court seeking permission to withdraw the suit and to file a fresh suit. The plaintiff’s counsel, Ms. Seema Hunnurkar, filed a notice of motion for this purpose. The court considered whether it could grant such leave under its inherent powers and the procedural rules governing withdrawal of suits. The judge held that the court may allow the withdrawal and grant liberty to re‑file a fresh suit, subject to the applicable rules on court fees. Accordingly, the suit was dismissed as withdrawn, the plaintiff was granted liberty to file a fresh suit, and any court fees, if paid, were to be refunded as per the rules.
Issues considered
- What is the court’s authority to grant leave for withdrawal of a suit and permit filing of a fresh suit?
Subjects
- withdrawal of suit
- fresh suit
- court fees
- civil procedure
Judgment
1/1 502-S-415-2016.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 415 OF 2016
Raisbanu Firoz Khan ...Plaintiff
Versus
Abdul Rashid A. R. Yusuf And 2 Ors. ...Defendants
WITH
NOTICE OF MOTION NO. 2023 OF 2016
IN
SUIT NO. 415 OF 2016
_______
Ms. Seema Hunnurkar, for the Plaintiff.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 6th FEBRUARY, 2026
P.C.
1. Learned counsel for the Plaintiff seeks leave to withdraw the captioned
Suit with liberty to file a fresh Suit. Liberty as prayed for is granted.
2. Thus, the Suit is dismissed as withdrawn.
3. Refund of Court fees, if any, as per rules.
4. All Interlocutory Applications are also disposed of.
[ARIF S. DOCTOR, J.]
Vaibhav
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