A civil Court does not grant leave to file another suit

Jagannath Dey Vs Mrinal Mallik S/o Gourchandra Mallik (High court Chhattisgarh) 1. Learned counsel appearing for the appellant would seek permission of the Court to withdraw this appeal with liberty to move a fresh suit under the provisions of the Guardians and Wards Act, 1890 seeking custody of the minor. 2. In Shiv Kumar Sharma v Santosh Kumari reported in (2007) 8 SCC 600 the Supreme Court has held that a civil Court does not grant leave to file another suit. In the said case the following has been observed by the Supreme Court in para 29 : “29 In any event, if a second suit was maintai...