Order-17.

Date-26/12/2016.

Parties are present.

            Complainant files petition with a prayer to withdraw the case with liberty to file sue afresh on the same cause of action.

            Copy of the petition is served upon the OP.

 Heard the Ld. Lawyer of both sides. Considered.

            Seen the petition under disposal. In filing this petition it is stated by the Complainant that at the time of final hearing, it is seen by the Complainant that some facts of the case are not mentioned in the petition of Complainant inadvertently and due to such technical defect in the petition of complaint, the Complainant intends to withdraw the said case with liberty to file a case afresh on the same cause of action.

            Perused the case records, it appears that the parties have concluded evidences and interrogatories on their respective side, Argument / Hearing is also partly heard. Today is fixed for hearing of further argument. It appears that the Complainant slept over such defects as alleged (defects, however, not disclosed) for days together and has abruptly discovered today that some defects have not been incorporated in the plaint and that being a technical defect has expressed an intention to withdraw the case.

            It is the own case of the Complainant and the Complainant can not be compelled to proceed with the hearing or and the argument. But, we have a hunchback.  We decline to give any liberty to file another case afresh on the same cause of action when the parties have concluded evidences and interrogatories on the respective sides and the case is fixed at the stage of hearing / argument. If it is allowed, all the cases at the wish of any parties have to be withdrawn at the stage  of final hearing.

            We think that the Complainant has filed this petition to fill in the lacuna and to prejudice the rights of the OPs already accrued by way of interrogatories and replies thereto. Hence

                                                                        ORDERED

That the instant case be and the same is withdrawn at the instance of the Complainant without any liberty to sue afresh on the same cause of action.

            No order as to cost.