VINOD K.SHARMA, J. - (1.) PRESENT revision petition has been filed against the order dated 17.5.2003 passed by the learned trial court vide which the application moved by the petitioner for permission to withdraw the suit with liberty to file fresh one on the same cause of action has been partly accepted, while petitioner has been allowed to withdraw the suit. However, no permission has been granted to file a fresh one on the same cause of action.
(2.) IN my opinion the learned Trial Court was not justified in partly accepting the application, It was open to the Court either to reject or accept the same and in that event the petitioner was required to contest the case on merit. Accordingly, the impugned order is set aside. The case is remanded back to the learned Trial Court to decide afresh and take the decision on the application in toto as to whether the application is required to be accepted or not. Disposed of. Petition allowed.;