BAWA KARAM CHAND Vs. SURESH KHURANA

JUDGEMENT

(1.) This is an application to revise an order of a learned Sub-Judge, Ist Class, Delhi deted 29th Septembet, 1966 purporting to have been made Order 23 Rule 1(2), Civil Procedure Code. The order is a very laconic one and it is as follows :-

(2.) The learned counsel for the respondent submitted that the order in question was more or less a consent order. Though this submission is not totally devoid of significance in view of the terms in which the order has been passed and the way in which the opening sentence of the order has been ouched it is difficult for me to decide this question in this case, in view of the fact that this was contradicted by the learned cousel for the petitioner with reference to a letter written by the cousel for the petitioner who appeared in the case before the lower court.

(3.) Taking all these circumstances into account, I set aside the order dated 29th September, 1966 of the learned Sub-Judge and direct him to reconsider this matter and pass a fresh order as to whether the respondent herein should be permitted to withdraw the suit with liberty to file a fresh suit or not.