IN THE COURT OF LD. CIVIL JUDGE-02 MS.

POORVA MEHRA
SOUTH EAST DISTRICT SAKET COURTS NEW DELHI
CS SCJ/715/2023
IN THE MATTER OF:-
MEENU VASHIST …PLAINTIFF
Versus
HOM KUMARI & ANR …DEFENDANTS

INDEX
S.No. Particulars Page No.

1. Application On Behalf Of The Plaintiff

u/s 152 of CPC.

Date:
Place: Plaintiff

THROUGH
Alok Pandey & Muskaan Dewan
Counsel
R-898, New Rajinder Nagar
New Delhi-110060.
Office: 011-46132894
M.No.9958495050
Email: office@avantamlegal.in
 IN THE COURT OF LD. CIVIL JUDGE-02 MS. POORVA MEHRA
SOUTH EAST DISTRICT SAKET COURTS NEW DELHI
CS SCJ/715/2023
IN THE MATTER OF:-
MEENU VASHIST …PLAINTIFF
Versus
HOM KUMARI & ANR …DEFENDANTS
APPLICATION ON BEHALF OF THE PLAINTIFF UNDER SECTION
152 OF CPC.

MOST RESPECTFULLY SHOWETH:

1. That the above- captioned suit for cancellation of sale deed dated

06.01.2023 and permanent and mandatory injunction had been filed by

Plaintiff.

2. That the plaintiff in the above-mentioned case, hereby sought withdrawal

of the present civil suit due to technical defects and the omission of

crucial pleas in the initial petition with the prayer,

i. “Permission may kindly be granted for

withdrawal of the present case with liberty to file a fresh

case

3. That this Hon’ble Court was pleased to allow the application moved by

the plaintiff for withdrawal and disposed of accordingly vide order dt

26.02.2024
4. That when order dated 26.02.2024 was uploaded on the Ecourts website,

the order read as follows:

…Ld. Counsel for Plaintiff moved an application seeking

withdrawal of present suit alongwith affidavit. Submissions made by the

Ld. Counsel for Plaintiff heard. Record perused. Application in hand

stands allowed and disposed of accordingly. At this stage, vide a

separately recorded statement, Ld. Counsel appearing on behalf of

Plaintiff sought permission to withdraw the present suit due to technical

defects and the omission of crucial pleas in the initial petition. In view of

the above-stated statement, present suit is disposed of as withdrawn. File

be consigned to Record Room after due compliance

Then the counsel of plaintiff came to know that inadvertently,

“liberty to file a fresh suit” was mistakenly omitted in the order.

5. That the Petitioner seeks indulgence of this Hon’ble Court to exercise its

discretion in favor of the Plaintiff to allow the present application

6. That due to omission of the above mentioned line in the order of

application for withdrawal of the suit with liberty to file a fresh can cause

loss to the plaintiff in future and is not going to affect the defendants in

any manner.
 7. That the plaintiff is filing a fresh suit and if the Hon’ble Court will not

seek indulgence to allow the present application then irreparable loss will

be caused to the Plaintiff.

5. That the present application is bonafide and in interests of justice.

PRAYER

It is, therefore, prayed that:-

i. This Hon’ble Court may allow the present application and

add in the order dated 26.02.2024 the “liberty to file a fresh

suit”.

ii. Any other order which. this Hon’ble Court deems fit and

proper.

It is prayed accordingly

Date:
Place:

THROUGH
Alok Pandey & Muskaan Dewan
Counsel
R-898, New Rajinder Nagar
New Delhi-110060.
Office: 011-46132894
M.No.9958495050
Email: office@avantamlegal.in
 IN THE COURT OF LD. CIVIL JUDGE-02 MS. POORVA MEHRA
SOUTH EAST DISTRICT SAKET COURTS NEW DELHI
CS SCJ/715/2023
IN THE MATTER OF:-
MEENU VASHIST …PLAINTIFF
Versus
HOM KUMARI & ANR …DEFENDANTS

AFFIDAVIT
AFFIDAVIT OF Ms. Muskaan Dewan having office at R898 Pamposh

Road New Rajinder Nagar Delhi- 110060

1. That I am the Counsel of the Plaintiff in the above noted matter and I am
well conversant with the facts and circumstances of the present case and
as such competent to swear the present affidavit.
2. That the contents of the accompanying Application for Withdrawl has
been drafted by me I hereby state that the facts stated therein are all true
and correct to my knowledge. The facts stated therein may kindly be read
as part and parcel of the present affidavit as well as the same are not
being repeated herein for the sake of brevity.

DEPONENT

VERIFICATION:

Verified at Delhi on_____February 2024, that the contents of the above

affidavit are all true and correct to my knowledge. No part of it is false and

nothing material has been concealed there from.

DEPONENT