RAJENDRA PRASAD GUPTA Vs. PRAKASH CHANDRA MISHRA

JUDGEMENT

(1.) Heard learned Counsel for the Appellant and Respondent Nos. 1 to 3. No one appeared for Respondent No. 4.

(2.) This Appeal, by special leave, has been filed against the impugned judgment of the High Court of Allahabad dated 06.02.2004 passed in FAFO No. 2103/2003.

(3.) It appears that the Appellant was the Plaintiff in Suit No. 1301 of 1997 before the Court of Civil Judge (Junior Division) Varanasi. He filed an application to withdraw the said suit. Subsequently, it appears that he changed his mind and before an order could be passed in the withdrawal application he filed an application praying for withdrawal of the earlier withdrawal application. The second application had been dismissed and that order was upheld by the High Court. Hence, this appeal by special leave.