2003 (1) TMI 748

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....UDGMENT D.G. Karnik, J. 1. Heard Shri Shah for the applicants and Shri N.V. Walawalkar for the respondent No. 1. None present for the respondent No. 2 though served. Affidavit of service of respondent No. 2 is filed on record. 2. The applicants filed a suit against Chief Officer Panvel Municipal Council as defendant No. 1 and respondent No. 2 herein as defendant No. 2. The petitioner filed a p....

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....itution of the suit to abandon the suit or abandon a part of the claim in the suit against all or any of the defendants. No permission of the Court is necessary for the plaintiff to unconditionally abandon his claim or any part of his claim against all or one or more of the defendants. Abandonment is complete as soon as the plaintiff informs the Court. No order of the Court is necessary though the....

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....f an application applies with equal force to the suit. Every plaintiff has an unconditional right to withdraw his suit unconditionally. The withdrawal would be complete as soon as the plaintiff files a purshis of withdrawal. The Court may pass a formal order recording the withdrawal and also make an order regarding costs, but the withdrawal is not dependent on the order of the Court. This could ap....