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Judgment
The Court: The plaintiff seeks to withdraw the instant suit. I have been shown an order passed by the Hon’ble Justice Sahidullah Munshi on 31st
January, 2018 by which the plaintiff was, inter alia, directed to publish advertisement for withdrawing the suit and particulars as to where such
advertisements were to be published were indicated in the said order. The plaintiff has filed an affidavit of compliance dated 15th February, 2018
stating that notice of withdrawal of the suit has been published in “The Statesman†and “Aajkal†on 10th February, 2018. Copies of the said
advertisements have been annexed to the said affidavit. The counsel for the defendant no.5 is present today.
Since other defendants were represented on 31st January, 2018, I do not think the presence of the other defendants is necessary for making an order
for granting leave to the plaintiff for withdrawing the suit.
This Court is satisfied that the mandate of Order 1 Rule 8 of the Code of Civil Procedure, 1908 has been duly complied with by the plaintiff. The
plaintiff is accordingly given leave to withdraw the suit.
Let the suit be dismissed as withdrawn.
Interim orders, if any, stand vacated.