Permission to withdraw MCC granted with liberty to file fresh petition explaining non-appearance.

The petitioners filed a Miscellaneous Civil Case (MCC) before the High Court of Chhattisgarh at Bilaspur.

During the proceedings, the counsel for the petitioners noted that the matter had previously been called for hearing repeatedly, but no appearance was made on behalf of the appellant/petitioners on the last date of hearing.

Consequently, the petitioners sought permission from the Court to withdraw the current MCC to file a fresh petition that would formally explain the reasons for the prior non-appearance.

Whether the petitioners may be permitted to withdraw the present MCC with liberty to file a fresh petition explaining the circumstances of their previous non-appearance.

The Court relies on the discretionary power to allow the withdrawal of a petition under the Code of Civil Procedure, 1908 (specifically the principles underlying Order XXIII), and the inherent powers of the High Court to grant liberty for fresh filings to ensure the ends of justice are met regarding procedural defaults.

The Court considered the submission made by the counsel for the petitioners regarding the circumstances of the case.

Since the petitioners specifically requested to withdraw the application for the purpose of rectifying a procedural oversight—namely, explaining the absence of counsel during a previous call of the matter—the Court found it appropriate to record the submission and allow the withdrawal.

The court did not engage in a merit-based review of the underlying dispute, focusing instead on the procedural request to reset the filing with proper justifications for previous defaults.

The Court granted the petitioners liberty to file a fresh petition explaining the circumstances as to why none had appeared on behalf of the appellant when the matter was called repeatedly on the last date of hearing.