Calcutta High Court
Yogita Gaurisaria vs High Court At Calcutta And Ors on 13 April, 2021
Author: Arindam Sinha
Bench: Arindam Sinha, Suvra Ghosh
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
APO/54/2020
WITH
WPO/395/2019
IA NO.GA/1/2021
YOGITA GAURISARIA
Versus
HIGH COURT AT CALCUTTA AND ORS.
APO/57/2020
WITH
WPO/394/2019
IA NO.GA/1/2021
SMITA GAURISARIA
Versus
HIGH COURT AT CALCUTTA AND ORS.
BEFORE:
The Hon'ble JUSTICE ARINDAM SINHA
And
The Hon'ble JUSTICE SUVRA GHOSH
Date : 13th April, 2021
Appearance:
Mr. Saktinath Mukerjee, Sr, Adv.
Mrs.Manju Agarwal, Adv.
Mr. Bajarang Manot, Adv.
for appellant
Mr. Subrata Santra, Adv.
..for private respondent/writ petitioner
Mr.Somnath Banerjee, Adv.
for respondent no.7 Mr.Sukanta Chakrabarty, Adv.
for High Court Administration The Court : On the affidavits having come in, Mr. Mukherjee, learned senior advocate appearing on behalf of appellant (respondent no.9 in one of the writ petitions) relies on following judgments.
i) Bakhtawar Singh Vs. Sada Kaur reported in (1996) 11 SCC 167, paragraph 8. We reproduce the last two sentences in the paragraph. 2
"However, the order dated 20-5-1971 passed by the civil court was on record which did not indicate as to what was the formal defect in the suit by reason of which the permission to withdraw the same was accorded. In these facts and circumstances no case for fresh institution of suit on the same cause of action and for the same relief after the withdrawal of the earlier suit was made out by the plaintiffs/ appellants in accordance with the provisions of clause (3) of Order 23 Rule 1 of the Code."
ii) Haridas Sadhu Khan Vs. Giridhari Sadhu Khan reported in AIR 1934 Cal 59, paragraph 3.
iii) Rajesh Kumar Vs. Roshan Lal available at 2015 SCC OnLine HP 3139, paragraph 7.
Respondents, particularly writ petitioners, are on notice of the law relied upon.
List for final hearing on 4th May, 2021.
(ARINDAM SINHA, J.) (SUVRA GHOSH, J.) sb.