808 ), 1987 -100 -LW107 , 1986 (2 )SCALE757 , (1987 )1 SCC5 , [1987 ]1 SCR200 , 1987 (1 )UJ28 , ,MANU/SC/0114/1986
E.S. Venkataramiah#M.M. Dutt#2639SC3250Judgment/OrderAIR#INSC#JLJ#JT#LW#MANU#SCALE#SCC#SCR#UJE.S. Venkataramiah,SUPREME COURT OF INDIA2012-9-24Withdrawal of suit or abandonment of part of claim.,Death, Marriage and Insolvency of Parties,The First Schedule,Withdrawal of suit or abandonment of part of claim.,Death, Marriage and Insolvency of Parties,The First Schedule,Withdrawal of suit or abandonment of part of claim.,Death, Marriage and Insolvency of Parties,The First Schedule,Withdrawal of suit or abandonment of part of claim.,Death, Marriage and Insolvency of Parties,The First Schedule,Withdrawal of suit or abandonment of part of claim.,Death, Marriage and Insolvency of Parties,The First Schedule,Res judicata.,Jurisdiction of Courts and res Judicata,Suits In General,Civil Procedure17163,17165,20181,16939,16918 -->
MANU/SC/0114/1986
IN THE SUPREME COURT OF INDIA
SLP (C) No. 5665 of 1986
Decided On: 12.11.1986
Appellants: Sarguja Transport Service Vs. Respondent: State Transport Appellate Tribunal, M.P., Gwalior and Ors.
Hon'ble Judges/Coram:
E.S. Venkataramiah and M.M. Dutt ORDER
E.S. Venkataramiah, J.
1. On the expiry of the period of a permit to run a stage carriage on the route Jashpurnagar-Ambikapur issued under the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') in favour of the Janta Transport Co-operative Society, the petitioner and some others filed applications for the grant of the said permit before the Regional Transport Authority, Bilaspur. The Janta Transport Co-operative Society also made an application for the renewal of the permit in its favour. The application for renewal filed by the Janta Transport Co-operative Society was rejected by the Regional Transport Authority on the ground that it was barred by time. On a consideration of the relative merits of the other applicants, namely, the petitioner and others, the Regional Transport Authority granted the permit in favour of the petitioner. The said order was challenged in appeal by M/s. Ali Ahmed & Sons-respondent No. 3, which was also an applicant for the said permit before the State Transport Appellate Tribunal. The other unsuccessful applicants also filed separate appeals questioning the grant in favour of the petitioner. The State Transport Appellate Tribunal heard all the appeals together. The Tribunal by its order dated 19.9.1985 set aside the order granting the permit in favour of the petitioner on two grounds, namely, that Mohd. Jhahid Khan, the proprietor of the petitioner concern was a practising advocate and that he had ceased to carry on the transport business in his individual capacity and granted the permit in favour of M/s. Ali Ahmed & Sons. Aggrieved by the order of the Tribunal the petitioner filed a writ petition in M.P. No. 2945 of 1985 on the file of the High Court of Madhya Pradesh at Jabalpur under Articles 226/227 of the Constitution of India. That petition was taken up for hearing on 4.10.1985 by the High Court. On that day the High Court passed the following order:
Shri Y.S. Dharmadhikari, learned Counsel for the petitioner seeks permission to withdraw the petition. He is permitted to do so. The petition is dismissed as withdrawn.
2........