P&H: Refuses for Withdrawal of Suit as petitioner Alleges False pleading of construction over vacant plot in dispute

punjab-haryana
⚖️ Order Date: 29 May 2026
Headnotes

Civil Procedure Code, 1908, O.23.R.1 — Withdrawal of suit — Plaintiff cannot be compelled to continue with suit if he no longer wishes to prosecute it, but permission to withdraw with liberty to institute a fresh suit cannot be granted where the defect does not...

Civil Procedure Code, 1908, O.23.R.1 — Withdrawal of suit — Formal defect — Defects in pleadings, including incorrect framing of reliefs or omission to claim proper relief due to inadvertence or mistake, may constitute formal defects - Where the alleged defect directly affects the merits...

Civil Procedure Code, 1908, O.23.R.1 — Withdrawal of suit — Permanent injunction suit — Vacant plot and false pleading of construction — Suit was for injunction on plea that residential house had already been constructed, but defendants denied any construction and placed photographs showing the...


Facts of the Case

P&H: Refuses for Withdrawal of Suit as petitioner Alleges False pleading of construction over vacant plot in dispute

Punjab and Haryana High Court has refused to interfere with a trial court order that denied a plaintiff permission to withdraw a civil suit with liberty to file a fresh one on the same cause of action.

The petitioner had originally filed a suit for permanent injunction, claiming peaceful possession over the property and stating that he had already raised construction of a residential house there. The defendants disputed this version and pleaded that no construction existed at the site and that the land was only a vacant plot. They also relied on photographs showing the property as open land.

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