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A civil Court does not grant leave to file another suit
Case Law Details
- Case Name
- Jagannath Dey Vs Mrinal Mallik S/o Gourchandra Mallik (High court Chhattisgarh)
- Appeal Number
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- Date of Judgement/Order
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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 ...
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