- (1.) Respondents no. 1 to 4/plaintiffs filed suit against the appellants and respondents no. 5 to 7 as defendants, claiming 3/8 share in the suit land measuring 34 bighas 6 biswas 13 biswansis and claimed possession thereof accordingly.
(2.) Learned trial court vide judgment and decree dated 9.5.1984 dismissed the suit inter alia holding that plaintiffs are not joint owners of the suit land. It was also held that vakaltnama, plaint and amended plaint had not been signed at all by plaintiffs no. 3 and 4 and therefore, there was no valid suit on their behalf.
(3.) Plaintiffs filed first appeal against judgment and decree of the trial court. In first appeal, the plaintiffs moved application under Order 23 Rule 1 of the Code of Civil Procedure for permission to withdraw the suit with liberty to file fresh suit alleging that there was technical defect in the suit inasmuch as plaintiffs no. 3 and 4 had not signed the plaint and vakaltnama etc. The said application was resisted by the defendants.;