Sikkim High Court|Monday, 9 February 2026
Sikkim HC Allows Petition Withdrawal in Dhan Bahadur Thapa vs State Of Sikkim
Bench
The Hon'ble Justice Om Narayan Rai
Meenakshi Madan Rai
Sikkim HC Allows Petition Withdrawal in Dhan Bahadur Thapa vs State Of Sikkim (2026) held that A party may withdraw a petition if defects are identified, allowing for a fresh filing.
In the case of Dhan Bahadur Thapa And Ano vs State Of Sikkim And Ors, the appellants sought to withdraw their petition due to certain defects. The court allowed the withdrawal with liberty to file a fresh petition, which was not opposed by the respondents. Consequently, the case was disposed of, and any pending applications were also addressed. This judgment highlights the procedural aspect of petition withdrawal in appellate proceedings.
A party may withdraw a petition if defects are identified, allowing for a fresh filing.
The court can dispose of a case upon withdrawal of the petition with liberty to refile, ensuring procedural fairness.
Case filed
Final judgment delivered
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