JAI RAM Vs. BHARPUR SINGH AND ANOTHER

JUDGEMENT

(1.) This petition is directed against the order of the trial court. whereby the suit filed by plaintiff respondent Bharpur Singh has been allowed to be withdrawn with permission to file a fresh suit on the same cause of action.

(2.) The plaintiff filed a suit on 19th July,1984 for declaration etc. When the suit was ripe for arguments, the plaintiff moved an application dated 23rd Aug., 1988 for withdrawal of the suit alleging that there certain formal and technical defects therein. This application was resisted by the defendants but the trial Court allowed the same with the observations, that "the application and the plaint dated 18th July, 1984 perused. There seems to be a formal defect in the plaint. Therefore, the plaintiff is allowed to withdraw the present suit with liberty to file a fresh suit on the same cause of action, subject to cost of Rs. 200/since the application has been filed at a very belated stage when the case was fixed for final arguments."

(3.) The learned counsel for the petitioner submitted that no such formal defect was pointed out either in the application or in the impugned order. In the absence of any such plea, the suit could not be allowed to be withdrawn with permission to file a fresh one especially when the same was ripe for arguments and was filed in the year 1984. In support of his contention he referred to Ram Kumar Vs. Kartar Singh, 1987 R.L.R. 327 and Chancier and others Vs. Galzari Lal and others, 1979 R.L.R. 546.