Court Cannot Shy Away From Duty To Decide Case On Merits Until Formal Dismissal Order Is Passed: HP High Court

The Himachal Pradesh High Court has held that a plaintiff has the right to continue a suit until a formal judicial order of withdrawal is passed. It further remarked that merely filing an application or making a statement about compromise and withdrawal does not, by itself, amount to dismissal of the case.Rejecting the Trial Court's reasoning, Justice Ajay Mohan Goel observed that: “The Court cannot force the plaintiff to withdraw a case, simply because at an earlier stage the plaintiff might have filed such an application or even may have recorded his or her statement… The Court cannot shy away and shun its duty to decide the case on merit.”The plaintiff filed a suit for declaration, seeking a permanent injunction, restraining the defendants from changing the nature of the suit property. The plaintiff contended that he was the exclusive owner of the suit property and the sale deed executed by one defendant in favour of another was illegal and void. Later in 2016, the plaintiff filed an application for withdrawal of suit, stating that the matter had been amicably compromised. However, before a formal dismissal order was passed, the plaintiff contended that he did not want to withdraw the suit and wanted to continue with it, but the defendant filed an application insisting that the suit be treated as withdrawn.The trial court accepted the defendant's request and dismissed the suit. It stated that the withdrawal is complete as soon as the plaintiff makes his statement and the withdrawal of the suit is not dependent upon the order of the Court. The High Court noted that after the plaintiff made the withdrawal statement, the matter was sent to the Lok Adalat. So when the matter was not mutually settled, the plaintiff expressed his intent to continue the case on merit. The High Court further remarked that only after a formal dismissal order is passed the statement of withdrawal by either the plaintiff or the defendant becomes effective. Further, the Court stated that the defendant would obviously take advantage of any such application filed by the plaintiff; it is the court that has to apply its judicial mind and cannot get away with its duty of deciding the case on the merits. Thus, the Court set aside the trial court's order and remanded the matter back to be considered on the merits. Case Name: Mangat Ram (deceased) through his Lrs. Namely Tarsem Lal and others V/s State of H.P. & Ors. Case No.: CMPMO No. 33 of 2019Date of Decision: 10.09.2025For the Petitioners: Mr. Surya Chauhan, AdvocateFor the Respondents: Mr. Pushpinder Jaswal, Additional Advocate General, for respondent No.1 Mr.Parmod Singh Thakur, Advocate, for respondents No.2 & 3Click Here To Read/Download Order

Court Cannot Shy Away From Duty To Decide Case On Merits Until Formal Dismissal Order Is Passed: HP High Court

Mehak Aggarwal

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