M/S GREENWAYS Vs. Y.N.GUPTA

JUDGEMENT

(1.) THE petitioner (defendant in the suit) has filed the present petition under Article 227 of Constitution of India seeking to set aside the impugned order dated 18th May 2013 passed by the learned Addl. District Judge (Central) 08, Tis Hazari, Delhi, in the application filed by the respondent/plaintiff under Order XXIII, Rule 1 CPC in Suit No.149/10.

(2.) THE brief facts leading to the present petition are as follows:

(3.) MR .S.K.Puri, learned Senior counsel appearing on behalf of the petitioner, on the other hand, states that for the same cause of action, no action lies and is maintainable. Since it was the defect in the suit which was not maintainable under Section 50 of the Act, it has to be determined as per its owner rather to allow the respondent's application for withdrawal of suit and permitted him to initiate fresh action in order to cure the defect. Thus, the respondent ought not to have allowed to withdraw the suit which was not maintainable on account of the two tenancies.