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Head Note

The Code of Civil Procedure, 1908  - Order XXI Rule (23)

Vested Right - Withdrawal of Notice of Motion - Vide order dated 10.02.2009, the learned single Judge while allowing the Notice of Motion No. 21 of 2006 had held that the highest offer made by the appellant-respondent stood accepted by all the parties to the suit and thereafter passed certain directions to deposit the bid amount, execution of the conveyance deed etc. - Thus a vested right has been created in favour of the appellant-respondent - Held that it cannot be set at naught simply by permitting the Defendant Nos. 4A, 4B and 5 to withdraw the Notice of Motion filed by them - It was for the Division Bench to decide the appeal on merits instead of permitting the withdrawal of the Notice of Motion and observing that the order of the learned single Judge passed on that Motion dated 10.02.2024 does not survive for consideration - Order dated 01.03.2024 passed by the High Court under appeal cannot be sustained and liable to be set aside - High Court directed to decide the appeal afresh on merits in accordance with law.

Topic(s)-Vested Right - Withdrawal of Notice of Motion - Remand back