(Spl.-H.C.A.S.,C.D.,78-e) FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF BOMBAY AT GOA APPELLATE SIDE WRIT PETITION NO. 36 OF 2004 --------------------------------------------------------------------- Office Note, Office Memoranda of Quorum, appearances, Court’s Court’s or Judge’s Orders orders or directions and Registrar’s orders. ---------------------------------------------------------------------- Shri A.N.S. Nadkarni, Advocate General with Shri G. Shirodkar, Addl. Government Advocate for the petitioner. Shri Shivan Dessai, advocate for the respondent no.1. CORAM : D. G. KARNIK, J. DATE : 22nd March, 2004 P.C.: Heard learned counsel for the parties. The original suit was instituted by the petitioner styling himself as Devi Shashti Shantadurga (Detya Dev) Prassan, represented by its President. Learned counsel for the petitioner, who was the plaintiff in the original suit, states that the plaintiff is not a person in the eye of law and, therefore, the original suit itself was not maintainable. Therefore, the petitioner seeks leave to withdraw the original suit itself - 2 - with liberty to file a fresh suit in the proper name as the suit must fail on account of technical defect. I see no reason to reject the said prayer. As such, the petitioner is permitted to withdraw the suit no.144/2001/C. In view of the withdrawal of the suit, the Writ Petition does not survive and is dismissed. D. G. KARNIK, J. mc.