Case Note & Summary
The petitioner, Srikant Balwant Nalawade, filed Regular Civil Suit No.92 of 2007 before the Civil Judge, Senior Division, Jaisingpur, seeking specific performance of an agreement dated 20.10.1982 in respect of land revision survey no.5. The suit was filed against multiple defendants, including the present respondents. During the pendency of the suit, some defendants (original defendant nos.11A to 25) executed sale deeds dated 26.8.2013 and 23.9.2013, disposing of their share in the suit property. Consequently, the petitioner sought to withdraw the suit against those defendants and delete them from the array of parties. The petitioner also made an application below Exhibit 48 in the trial court, praying that since the contesting respondents (original defendant nos.1 to 6) had disputed the execution of the agreement by contending that their signatures were forged, the disputed document and other admitted documents be sent for comparison. The High Court, by consent of both sides, took up the writ petition for hearing. The court noted that the petitioner, on instructions, prayed for withdrawal of the suit against defendant nos.11A to 25, and accordingly permitted the petitioner to delete those defendants from the suit on or before 18.11.2013. The court also observed that the contesting respondents (respondent nos.1 to 8 and 9A) had filed a written statement disputing the signatures on the agreement, alleging them to be bogus. The court allowed the withdrawal of the suit against the deleted defendants and disposed of the writ petition.
Headnote
A) Civil Procedure - Withdrawal of Suit - Deletion of Parties - Petitioner sought to withdraw Regular Civil Suit No.92 of 2007 for specific performance of agreement dated 20.10.1982 - Court permitted withdrawal subject to deletion of defendant nos.11A to 25 who had executed sale deeds during pendency - Held that withdrawal is allowed with liberty to file fresh suit if necessary (Paras 2-3). B) Evidence - Disputed Document - Forged Signatures - Respondent nos.1 to 6 in their written statement disputed signatures on the agreement dated 20.10.1982 contending they were forged - Petitioner made application below Exhibit 48 for comparison of signatures - Held that the document is disputed and requires proof (Paras 4-5).
Issue of Consideration
Whether the petitioner should be permitted to withdraw the suit for specific performance and delete certain defendants who have sold their share in the suit property during the pendency of the suit.
Final Decision
The court allowed the petitioner to withdraw Regular Civil Suit No.92 of 2007 against defendant nos.11A to 25 and directed the petitioner to carry out deletion of those defendants on or before 18.11.2013 in the trial court. The writ petition was disposed of.
Law Points
- Withdrawal of suit
- deletion of parties
- specific performance
- disputed document
- forged signatures
