eng
competition

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JR CPCT INSTITUTE, TIKAMGARH (M.P.) || ✤ MPHC-Junior Judicial Assistant 2024 ✤ || विजयादशमी की शुभकामनाएं दशहरे पर बुराई पर अच्‍छाई की जीत !! जय श्री राम ।।

created Oct 12th, 03:00 by JRINSTITUTECPCT


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350 words
9 completed
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By this order, the application filed by the plaintiffs under Order 23 Rule 91 is being disposed of. The application filed by the plaintiffs is briefly as follows that the plaintiffs have reached a settlement with the defendant regarding the subject matter of the presented suit and the defendant has assured outside the court that he will obtain the consent of the plaintiffs for selling the disputed property. On the basis of this mutual consent, the plaintiffs do not want to pursue the said case further, and have requested to end the suit at this stage while keeping the liberty to present the plaint again in case of dispute. The defendant has verbally disclosed that he has reached a settlement with the plaintiffs outside the court regarding the disputed property in this case and he has no objection to the said application filed by the plaintiffs. The case was perused. From the perusal of the case, it is known that the suit filed by the plaintiffs on 23.02.2014 was instituted for a mandatory permanent injunction against the defendant. Earlier, an application for compromise under Order 23 Rule 03 was jointly submitted by the plaintiffs and the defendants, which was rejected by the court on the ground that the said compromise was based on an unlawful purpose. The application filed by the plaintiffs is for abandonment of the suit, in which it is disclosed that a compromise has been reached between the plaintiffs and the defendants and hence they do not want to pursue the present case further. According to Order 23 Rule 01 Sub-rule 01 of the Code of Civil Procedure, after the institution of the suit, the plaintiff can abandon his suit or abandon the name of his claim against all the defendants or any of them. The plaintiffs have not sought permission of the court to abandon the present case in the said application. The plaintiffs have also expressed in their application that they want to get back the plaint while having the liberty to file a plaint in case of any dispute arising again and have requested.

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