Partial withdrawal of appeal must be decided on merits where the governing provision expressly permits deletion of prayers.

Where the governing provision permits partial withdrawal of an appeal and deletion of prayers, the Tribunal cannot refuse such a request on a blanket assumption that partial withdrawal is unavailable; it must examine the application on merits under the applicable procedural framework. The High Court noted that the request had not been considered with reference to Section 86(4), which expressly allowed partial withdrawal and deletion of prayers. The rejection order was set aside, and the matter was remitted for fresh consideration in accordance with law.

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Issues: Whether the appellate Tribunal was justified in rejecting the application for partial withdrawal of the appeal and deletion of prayers, and whether Section 86(4) permitted such withdrawal.

Analysis: The petition challenged the Tribunal's refusal of partial withdrawal solely on the ground that there was no system of partial withdrawal. The Court held that the application had not been considered with reference to Section 86(4), which permits an applicant to seek partial withdrawal and deletion of prayers. The Tribunal was therefore required to decide the request on merits in accordance with that provision and follow the applicable procedural law.

Conclusion: The rejection order was set aside and the matter was remitted to the Tribunal for fresh consideration on merits under Section 86(4).

Final Conclusion: The writ petition succeeded and the Tribunal was directed to reconsider the withdrawal request in accordance with law within the stipulated time.

Ratio Decidendi: Where the governing provision permits partial withdrawal of an appeal or prayers, the Tribunal cannot reject such a request on a blanket assumption that partial withdrawal is impermissible, and must decide it on merits under the relevant procedural framework.

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