Facts of the Case

·         The case arose from a Civil Revision petition (CR No. 75 of 2022) filed by the petitioners, Pramod Kumar and another, against the respondents, Smt. Vidya Devi and others.

·         Alongside the Civil Revision petition, a connected contempt petition (COPC No. 170 of 2022) involving the same parties was also pending before the High Court of Himachal Pradesh.

·         During the oral proceedings held on December 30, 2022, the learned counsel representing the petitioners stated that he had explicit instructions to withdraw the main Civil Revision petition.

·         However, the withdrawal request was made with a specific prayer seeking the Court's permission to reserve liberty for the petitioners to invoke the jurisdiction of an appropriate alternative forum or Court of law if legally advised.

Issues Involved

·         Whether the petitioners could be permitted to withdraw the Civil Revision petition with the liberty to approach an appropriate alternative judicial forum or Court of law.

·         Whether the connected contempt proceedings (COPC No. 170 of 2022) could independently survive or needed to be closed upon the withdrawal of the main Civil Revision petition.

Petitioner’s Arguments

·         The learned counsel for the petitioners submitted before the Court that he possessed specific instructions to request the withdrawal of the Civil Revision petition.

·         The petitioners argued and prayed that the dismissal should not permanently bar their rights, requesting that liberty be expressly reserved to them to invoke the jurisdiction of an appropriate alternative forum or court of law, as may be deemed advised.

Respondent’s Arguments

·         The respondents were represented by their legal counsel during the hearing. Since the petitioners sought a voluntary withdrawal of the case to seek alternative remedies, no substantial opposition or objection to the withdrawal was recorded in the final order.

Court Order / Findings

·         On Civil Revision (CR No. 75 of 2022): The High Court, presided over by Hon'ble Mr. Justice Ajay Mohan Goel, accepted the petitioners' request. The petition was ordered to be dismissed as withdrawn. Crucially, the Court granted the requested liberty, allowing the petitioners to invoke the jurisdiction of an appropriate alternative forum or Court of law if so advised. All pending miscellaneous applications were disposed of accordingly.

·         On Contempt Proceedings (COPC No. 170 of 2022): In view of the withdrawal and final order passed in the main Civil Revision petition, the Court found no ground to continue the parallel contempt matter. The contempt proceedings were officially closed, and the contempt notice issued to the respondents was discharged.

Important Clarification

·         Effect of Withdrawal with Liberty: When a court dismisses a petition as withdrawn with liberty to approach an appropriate forum, it signifies that the court has not adjudicated upon the merits of the case. The petitioner is not barred by the principle of res judicata from initiating fresh, proper proceedings before a competent alternative legal forum.

·         Dependence of Contempt on Main Proceedings: If contempt proceedings arise out of interim or procedural stages of a primary petition, the voluntary withdrawal and disposal of the main petition can lead to the closure of the contempt proceedings and discharge of notices, provided no independent underlying contempt survives.

Sections / Provisions Involved

·         Section 115 of the Code of Civil Procedure (CPC), 1908 (Contextual: Governs Civil Revision petitions before High Courts).

·         Order XXIII Rule 1 of the Code of Civil Procedure (CPC), 1908 (Contextual: Governs the withdrawal of suits/petitions with liberty to institute fresh proceedings on the same subject matter).

·         Section 12 of the Contempt of Courts Act, 1971 (Contextual: Governs Contempt of Court proceedings).


Link to download the order -

https://www.mytaxexpert.co.in/uploads/1782972058_97compressed.pdf   

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