SUBHAN GANAI Vs. ALI DAR
LAWS(J&K)-1982-7-4
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 21,1982

Subhan Ganai Appellant
VERSUS
Ali Dar Respondents

JUDGEMENT

- (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 petition.
(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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