Not statng reason for withdrawal of int. civil application?

Dear Mr.D.Arun Kumar,

Impliedly if a I A is filed it means that a cause of action has arisen and once it is withdrawn either the party  " should state reason for withdrawing the same" or in the alternate it should get its statement recorded that it is not pressing for the relief at this stage and this application be kept in abeyance.

This is also important in light of the high court rules having jurisdiction.

Finally it is not advisable to resort to invoking the "extraordinary jurisdiction of High Court u/Article 227 especially when the equal efficatious remedy by way of moving application seeking modification of the order, review and appeal are available.

Best Regards

Daksh

What type of this particulat interlocutory petition is? Because it is not necessary to cite any reason if one does not want to proceed with any particular petition though the better option should have been to ' not press' that petition than withdrawing it.

However there is no bar for a party to seek certain reliefs  thorough interlocutory petitions as many times as the situation warrants on subsequent developments even if the earlier petitions were rejected or withdrawn. the same can not be termed as 'abuse of process of court'.In this circumstances the remedy is to challenge the order of dismissal before the High Court in its civil revisional jurisdiction u/a 227.

Moreovver the as the previous one was merely withdrawn the Ruke of Res Judicata will not apply as the same may be applied in different stage of the same proceeding.

Sir,

It is filed u/s 151 cpc in guardianship proceedings for interin custody of child during child's ongoing summer vacation.

Kindly advise if art. 226 as well as under art 227 i approach hon'ble delhi hc and since summer vacation of even delhi hc is approaching i also file a urgency hearing petition will my purpose succed which is to get interim visitation of child during ongoign summer vacation?

Since I am not availaing Appeal / Revision in Sessions Court opportunity I think I must also use Art. 226 COI? Kindly advise in abv situation usage of both Articles of COI is right approach?

rgds.

As the appeal does not lie against that order nor revision before the distrcit judge's court, it is advisable to file revision before high court u/a227.