- (1.) HEARD Sri Ashok Kumar Singh, learned counsel for the petitioner.
(2.) THROUGH this writ petition the petitioner has prayed for issuing a writ of certiorari quashing the order dated 28.5.2014 passed by the Judge, Small Causes Court, Kanpur Nagar in Suit No. 1056 of 2012 (Lakshmi Bahadur Singh vs. Smt. Ram Devi and another).
(3.) THE facts giving rise to the present writ petition are that the respondent no.2 has filed Suit No. 1056 of 2012 (Lakshmi Bahadur Singh vs. Smt. Ram Devi and another) for declaring the sale deed in question as void. In the aforesaid suit an application under Order XXIII Rule 1 of the Civil Procedure Code for abandoning the relief against defendant no.2 was filed. This application has been allowed by impugned order dated 28.5.2014. Aggrieved by the aforesaid order the petitioner has filed the present writ petition. While assailing the impugned order, learned counsel for the petitioner contends that in view of Rule 2 of Order XXIII, CPC the application filed by the petitioner under Order XXIII Rule 1, CPC was required to be accompanied by an affidavit and in absence of the affidavit the application ought to have been rejected by the court below and in not doing so the court below has committed an error of law.;