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Judgment
Sandeep Sharma, J
OMP No. 370 of 2022
By way of instant application filed under Order XII, rule 1(3) CPC, prayer has been on behalf of the plaintiff to permit it to withdraw the suit with liberty to file afresh on same cause of action.
Defendants Nos. 2 and 3 have been proceeded against ex parte vide order dated 10.1.2019 and 6.11.2019 respectively. Learned counsel for the defendant No.3 fairly states that on account of subsequent developments, prayer made on behalf of the plaintiff can be accepted.
Having perused the averments contained in the application, this court finds that the suit property has been sold by defendant No.3 in public auction in favour of persons namely Dr. Ajeet Pal Jain, Mrs. Parveen Jain, Dr. Gagan Jain and Ms. Ashima Jain vide sale dated 15.9.2021 in proceedings under SARFASEI Act, as such, plaintiff, besides impleading said persons as defendants, also requires to lay challenge to sale deed dated 15.9.2021. Since above named persons have become owners of the suit property on account of sale deed dated 15.9.2021, entire frame of the suit is required to be changed.
For the reasons stated in the application, the same is allowed and the plaintiff is permitted to withdraw the suit, with liberty as prayed for.
Civil Suit No. 29 of 2017
In view of order passed in the aforesaid application, present suit is dismissed as withdrawn, with liberty to file afresh on same cause of action. Needless to say, plaintiff shall be entitled to refund of fee in accordance with law. Registry is directed to return the original documents filed with the plaint, to the plaintiff by retaining photocopies thereof in the record.
The suit stands disposed of in the afore terms alongwith all pending applications. Interim directions, if any, stand vacated. Registry to draw decree in terms of aforesaid judgment, if required.