S. Venkata Ramarao Ramliabu z. S. Sanjeev

ALD

Civil Procedure Code 1908- Section 151 - Application to restore suit dismissed as not-pressed Return of, by return endorsement Propriety - Petitioner sought permission of trial Court to notpress suit for partition filed by him, as matter was settled out of Court before elders of both parties on certain terms and conditions After trial Court dismissed suit by Order dt.06-08-2018 as not pressed, petitioner filed application under S.151 to restore suit on its file, as respondents did not comply Statement of Understanding entered into between both parties - In 2006 (2) ALD 98 (SC), relied on by petitioner, Supreme Court held that trial Court was entitled in law to recall order by which it had allowed plaintiff to withdraw his suit - And that in absence of a specific provision in CPC providing for filing of application for recalling order permitting withdrawal of suit, provisions of S.151 can be resorted to in interest of justice - Trial Court, therefore, committed error in returning application filed by petitioner to recall order dt.06-08-2018 and to restore suit on its file - CRP allowed Trial Court directed to entertain application filed by petitioner to recall order dt.06-08-2018 and to restore suit on its file, in light of law laid down by Apex Court in 2006 (2) ALD 98 (SC) (supra) and AIR 1962 SC 527. - 1 [Para 9-11] -R. Swaroop, Chief Editor

pr Afsha Jabeen, Guest Editor

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