GOPAL KISHAN SHARMA, J. - (1.) WITH the consent of both the parties, the revision petition is disposed of at this stage.
(2.) THE petitioner has filed this revision petition against the order of the Addl. Munsif and Judicial Magistrate (2), Jaipur City, Jaipur dated 3 -9 -1982 by which he allowed the application of the non -petitioner for withdrawing the application for withdrawal of the suit. The non -petitioner Dr. Gayatri Vaish filed a suit against the petitioner in the Court of Addl. Munsif (2), Jaipur for rent and ejectment In that suit, on 14 10 -1981 the plaintiff filed an application that she does not want to proceed with the case and the case may be consigned to records. No order was passed on this application on 14 -10 -1981. The defendant sought adjournment and the case was adjourned on a number of dates and no order was passed on that application. On 19 -7 -1982 the plaintiff filed another application that she does not want to press the application regarding non -pressing of her suit and the suit be decided according to law. The defendant objected to it and time was granted for arguments. On 3 -9 -1982, the learned Addl. Munsif after hearing both the parties granted the application of the plaintiff dated 19 -7 -1982. The plaintiff was thus permitted to withdraw the application for withdrawal of the suit. It is against the order that the defendant has come in revision to this Court.
(3.) MR . Bhandari, learned Counsel for the petitioner argued that once an application for withdrawal of the suit has been filed in the Court no order on that application is necessary. Once the application is filed for withdrawal of the suit, the suit is deemed to be withdrawn and dismissed. The second application for withdrawal of the suit is, therefore, not maintainable. In support of his arguments, he referred the case of Banarasidas and Anr. v. Mohd. Shofi and Anr. 1983 RLR 326.;