- (1.) The defendant / applicant has approached this Court assailing order dated 26 September 2015 passed by the Revisional Court/Additional District Judge, Court No. 3, Saharanpur in Civil Revision No. 80 of 2015 (Anil Saini and others vs. Darshan Lal) arising from an order dated 2 September 2014 passed by the Trial Court in Original Suit No. 243 of 2010 whereby an application under Order 23 Rule 1(3) of the CPC to withdraw the suit with liberty to file fresh, was allowed.
(2.) During the pendency of the application it is contended that the respondent/plaintiff instituted a subsequent suit being Original Suit No. 266 of 2014 (Darshan Lal vs. Anil Saini) before the Civil Judge (Junior Division), Hawal Saharanpur.
(3.) Submission of the learned counsel for the applicant is that the subsequent suit is an abuse of the process of the Court, as the earlier suit was instituted for cancellation of the sale deed wherein the respondent filed an application to withdraw the same, for the reason that there were formal defects including valuation and court fees.;