- (1.) Learned counsel for the petitioner contends that he had made prayer for withdrawal of the suit with liberty to file a fresh one due to technical defect in the suit as he has not pleaded necessary parties for lack of knowledge.
(2.) The learned Trial Court while permitting the plaintiff petitioners to withdraw the suit has declined the permission to file a fresh one. It was not open to the Court to partly allow the prayer made. Learned Trial Court has erred in law in partly allowing the prayer. The learned Trial Court could reject the prayer as a whole so as to decide the suit on merit.
(3.) The revision petition is allowed. The impugned order is set aside. The learned Trial Court is directed to dispose of the application in accordance with law and take a decision so as to accept or reject the application in its totality.;