BHUWAN LAL Vs. RAM KUMAR

JUDGEMENT

(1.) Applicant has preferred instant Civil Revision against the order dtd. 24/9/2019 passed by the Civil Judge Class 1, Akaltara, Distt. Janjgir Champa (C.G.) in Civil Suit No. 10-A/2001 whereby and whereunder he rejected his application for withdrawal of the suit with permission to file new suit.

(2.) Applicant had filed a civil suit for specific performance of contract on 26/9/2001. The case was fixed for defendant's evidence. Applicant had filed an application under Order 23 Rule 1 of the Civil Procedure Code (in short 'CPC') for withdrawal of the suit with the permission to file new civil suit, on the grounds that on account of formal defect and non-joinder of parties, the suit must fail. Trial Court rejected the said application on 24/9/2019 on the grounds that non-joinder of the parties does not fall in the category of formal defect, no other sufficient ground exists to permit applicant to withdraw the suit with the permission to file new suit.

(3.) Being aggrieved the applicant preferred instant revision.