1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2560 OF 2009 Sumitra Makhanlal Deora .. Plaintiff Versus Sarbatidevi Deviprasad Deora .. Defendant Ms.Gayatri Rajvanshi i/b. Anil Agarwal for plaintiff Mr.S.K.Jain i/b. S.K.Jain and Associates for defendant. CORAM : S.C.DHARMADHIKARI, J. DATE : 5th November 2009. P.C.: 1] Yesterday in this matter the following order was passed:- “ Heard. Plaintiffs’ Advocate states that she has received instructions from the plaintiff to withdraw the suit. In the light of this statement, the suit is placed for withdrawal at this stage itself. It is allowed to be withdrawn and dismissed as such. No costs.” 2 2] Plaintiff’s Advocate had mentioned this matter yesterday after the order was passed and prayed that it be listed for directions today. Learned Advocate states that through sheer inadvertence and without understanding the implications in law, she applied for withdrawal of the suit. She submitted that on the last occasion her attention was invited to a Full Bench decision of this Court on the point of jurisdiction of this Court to entertain and try the subject matter of the suit. In these circumstances, after perusing the same the learned Advocate for plaintiff ought to have applied for return of plaint for being presented to appropriate court. Instead, by mistake the learned Advocate applied for withdrawal of the suit and, therefore, grave and serious prejudice and injustice is caused to the plaintiff. 2] In these circumstances, the matter was listed at her request again today. Having understood the difficulties faced by parties and to avoid any injustice to the plaintiff, the order passed yesterday withdrawing the suit unconditionally is recalled and the following order shall stand substituted in place thereof. 3 “It is directed that the plaint be returned to the plaintiff’s Advocate for presentation to competent court”. Prothonotary and Senior Master to act on an authenticated copy of this order. In view of returning of plaint to the Advocate for filing the same before the appropriate Court, Notice of Motion No.3592 of 2009 does not survive and the same is dismissed as such. (S.C.DHARMADHIKARI, J)