BHAI SWINDER SINGH Vs. RAM KISHORE

JUDGEMENT

(1.) This Revision Petition is directed against an order dated 8th December, 1993 whereby the plaintiff No. 2 was allowed to withdraw his application for recording compromise under Order 23 Rule 1.

(2.) From the perusal of copy of the application filed by the petitioner, it is apparent that the application was signed by plaintiff No. 2 Srigopal S/o Ram Chand alone and none of the other parties. Order 23 Rule 1(3) reads as under:- Order XXIII.Rule 1 Withdrawal of suit or abandonment of part of claim

(3.) It is evident from the application moved by plaintiff No. 2 that it is signed by only one of the parties and not by all the parties. It would be relevant to reproduce here Order 23 Rule 3 CPC. It reads as under: