HIGH COURT OF JAMMU AND KASHMIR
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(1.) PLAINTIFF -respondent filed an application in the trial court seeking
permission to withdraw the suit. They made no prayer for being granted
the right to file a fresh suit on the same cause of action. The learned
trial court permitted the withdrawal of the suit of the plaintiffs.
Aggrieved, the defendants have come up to this court by this revision
(2.) IT is argued by Mr. Sadiq that before permitting the withdrawal of the suit, a notice should have been given to the defendants and since
that was not done the order permitting the withdrawal of the suit is
illegal O. 23 C. P. C. nowhere envisages the issuance of an order that
the plaintiffs wants to withdraw the suit without reserving any right to
bring a fresh suit. No notice was as such required. Even otherwise since
the plaintiffs themselves wanted to withdrawal the suit, the defendants
could not force the plaintiffs to continue with the suit. The reference
by Mr. Sadiq to the judgment of the Supreme Court in Menaka Ghandis case
is wholly misconceived. Whether or not the notice is required to be
issued to party depends upon the nature of the case and has not really an
universal application. In the present case there was no such necessity
and therefore the notice was not issued. The impugned order does not
suffer from any illegality or irregularity nor is there any
jurisdictional defect. This civil revision is accordingly dismissed.;
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