Case Note & Summary
The case involved two partition suits filed in 1975 and 1989, culminating in a consent decree in April 1993. The applicant-respondent, V.M. Singh, was a beneficiary of a family settlement and acted on behalf of the appellants. Appeals against earlier judgments were dismissed by the High Court, and special leave applications to the Supreme Court were also dismissed, with specific directions regarding the execution of a General Power of Attorney and payment of amounts due. Allegations arose that these directions were not followed, leading to a contempt petition that was dismissed. V.M. Singh sought permission to deposit the amount in question, which was granted, but he later expressed a desire to withdraw this application. The appellants opposed this withdrawal, citing serious allegations made in an affidavit against them. The Court considered the request for withdrawal and determined that it should be permitted, stating that the correctness of the allegations did not need to be addressed at this stage. The Court also dismissed the application for impleadment as it became infructuous and directed that the deposited amount be returned to Singh. The Court urged the executive court to expedite the execution proceedings. Ultimately, the Court allowed the withdrawal of the application and dismissed other interlocutory applications as infructuous.
Headnote
A) Civil Procedure - Interlocutory Applications - Withdrawal of Application - Code of Civil Procedure, 1908 - The applicant sought to withdraw his application to deposit an amount as directed by the Court. The Court held that there was no reason to deny the withdrawal and permitted it, emphasizing that the correctness of allegations made in affidavits need not be examined at this stage (Paras 8-9).
Issue of Consideration
Whether the applicant should be permitted to withdraw his application to deposit the amount as directed by the Court.
Final Decision
The Court permitted the applicant to withdraw his application to deposit the amount, dismissed the application for impleadment as infructuous, and directed that the deposited amount be returned to V.M. Singh.
Law Points
- Interlocutory applications
- withdrawal of application
- contempt of court
- family settlement
- partition suits
