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Bombay High Court

RAISBANU FIROZ KHANversusABDUL RASHID A.R. YUSUF AND 2 ORS.

Decided
Disposal
DISPOSED OFF

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 Accordingly, the suit was dismissed as withdrawn, the plaintiff was granted liberty to file a fresh suit, and any court fees, if paid, were to be refunded as per the rules.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        Thus, the Suit is dismissed as withdrawn.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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