Sumermal Patawari Trust v. Dinesh Kumar Aggarwal & Ors

O R D E R %

18.08.2026 I.A. 22337/2026

¶1This is an application on behalf of the Plaintiff under Order XXIII Rule 1(3) of the CPC for withdrawal of the Suit on the ground that the Suit has not been filed through the trustees.

¶2For the reasons stated in the application, this Court is inclined to permit the Plaintiff to withdraw the present Suit with liberty to file a fresh Suit on the same cause of action and averments and the Suit be filed only though all the trustees.

¶3Leave and liberty, as sought for, is granted.

¶4The Suit is disposed of along with all the pending application(s).

¶5The Plaintiff is permitted to file a fresh Suit, the only change being This is a digitally signed order. the Suit would now be filed through all the trustees.

SUBRAMONIUM PRASAD, J AUGUST 18, 2026 hsk This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010311312022 + CS(OS) 490/2022, I.A. 13079/2022, I.A. 16473/2023, I.A. 34546/2024, I.A. 43084/2024 SUMERMAL PATAWARI TRUST .....Plaintiff Through: Dr. Devashish Bharuka, Senior Advocate with Mr. Vikas Sharma, Ms. Jyoti Sharma, Mr. Deekshant Kumar, Ms. Aayushi Gupta and Mr. Ashutosh, Advocates versus DINESH KUMAR AGGARWAL & ORS. .....Defendants Through: Appearance not given. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD