2003 INSC 0448
                                    SUPREME COURT OF INDIA

                                              Dr. Dinesh Rathi

                                                      Vs.

                                              Swastik Builders

                                     (S.R. Babu and G.P. Mathur JJ.)

                                                 05.05.2003

                                                   ORDER

1. Leave granted.

2. The appellant had filed Special Civil Suit No. 358/1992 in the Court of the Civil Judge,
Senior Division, Nagpur on 13.4.1992 seeking for certain reliefs. During pendency of the
Civil Suit, the appellant filed Original Petition No. 188/1995 before the National Consumer
Disputes Redressal Commission on 8.11.1995. During the pendency of the dispute before the
National Commission, the appellant withdrew the Civil Suit. Thereafter, the National
Commission dismissed his petition on the basis of limitation as well as on the ground that he
has a remedy under civil law, which he had availed of.

3. Inasmuch as he had already withdrawn the suit, that remedy was not available to him. In
the circumstances he approached this Court challenging the order of the Commission but he
withdrew the same and moved a petition for Review before the Commission. The Review
Petition having been dismissed, the appellant is before us.

4. It is difficult to understand as to why the appellant should have pursued several parallel
proceedings. However, in the interest of justice, it would be appropriate to direct revival of
the civil suit filed by him being Special Civil Suit No. 358/1992 on the file of the Civil
Judge, Senior Division, Nagpur. The said Suit shall stand restored to its original number and
after notice be disposed of in accordance with law.

5. However, it is needless to say that it is open to the parties to raise all pleadings and claims
as may be permissible to them. The appeal is disposed of accordingly.

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