MUKHTAR AHMAD AND ORS. Vs. HALIMA AND ORS.
LAWS(J&K)-2020-3-66
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 10,2020

Mukhtar Ahmad And Ors. Appellant
VERSUS
Halima And Ors. Respondents

JUDGEMENT

- (1.)The plaintiff has preferred present revision petition against the judgment and order dated 28th December, 2019 passed by the court of learned 3rd Additional Munsiff Srinagar.
(2.)Briefly stated the material facts of the case are as under:-
(i). The petitioner herein filed a civil suit in the court of learned Munsiff Srinagar. During the pendency of suit, an application came to be preferred by him seeking permission to withdraw the same with liberty to file a fresh one. However, no cogent reasons were reflected in the application except to the limited extent that many other legal facts are needed to be noted in the fresh suit. It needs to be noticed that at the time when the petitioner-plaintiff had preferred the civil suit, no interim injunction was granted by the court below in his favour.

(ii). It appears that the application was considered by the court below and by virtue of order impugned, while dismissing the suit, liberty to file a fresh suit on the same cause of action was denied.

(3.)Grievance of the petitioners in the present writ petition is that the relief for withdrawal of the suit was prayed for along-with permission to file a fresh one on the same cause of action and therefore if at all the application had to be decided, the same could not have been decided in peace meals i.e. granting one relief while rejecting the other. It is stated that the plaintiff, if he had known that prayer for filing a fresh suit on the same cause of action was to be rejected, he would not have chosen to withdraw and would continue with the said suit. It is urged that the court below had thus committed an illegality to the extent that while it could have rejected the prayer for filing the fresh suit on the same cause of action, it dismissed the suit as withdrawn.
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