1 S1917.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1917 OF 2010 WITH NOTICE OF MOTION NO. 1968 OF 2010 Mr. Shaikh M. Mustafa. ... Plaintiff. V/s. Mr. Yusuf Nazir Shaikh and Anr. ... Defendants. Mr. Anil S. Gawas for the Plaintiff. Mr. Amarendra Mishra for the Defendants. CORAM : R.Y. GANOO, J. DATED : 13th AUGUST 2010. P.C. :- Perused plaint. The plaint is devoid of substantive prayers. When this was mentioned to the learned Counsel for the Plaintiff, he submitted that he be permitted to amend the plaint. I have serious objection to granting his request to amend the plaint as the plaint is not drafted with substantive prayers. The Plaintiff can withdraw the Suit and file fresh Suit on the same cause of action. Hence, on hearing this, the learned Counsel for the Plaintiff applies for withdrawal of the same Suit with liberty to file fresh Suit on the same cause of action. 2 S1917.10.sxw 2. The Plaintiff is permitted to withdraw the Suit with liberty to file fresh Suit on the same cause of action. The Plaintiff to pay to Defendant No.1 costs of Rs.1,000/- for todays appearance. 3. Notice of Motion No.1968 of 2010 is allowed to be withdrawn with no order as to costs, in view of the order in the Suit. Liberty to take out a fresh Motion is granted. (R.Y. GANOO, J.)