BHUTHA Vs. BABURAO

JUDGEMENT

(1.) Plaintiff in OS.511 of 1965 on the file of the Munsiff, Sagar has filed this revision petition against the order dt.18-7-1973 passed on IA 3 in OS. 511 of 1965.

(2.) By IA.3, the plaintiff requested the Court to grant him permission to withdraw the suit with liberty to file fresh suit on the same cause of action. The learned Munsiff after hearing both, the sides ordered that the plaintiff is allowed to withdraw the suit but the permission to file fresh suit on the same cause of action was not granted. This order is challenged in this revision petition.

(3.) Sri Cheluvaraju, learned Advocate appearing on behalf of the petitioner urged that the application IA.3 filed by the petitioner plaintiff was under Or.23, sub-rule(2) of Rule 1 CPC and, therefore, the learned Munsiff qught not to have treated it as an application under sub-rule(l) itself and split up the prayer of the petitioner-plaintiff and granted one part of it and rejected the other part of it.