CHHAGANLAL PRATAPCHAND Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a revision petition filed by the original plaintiffs under sec. 115 of the Civil Procedure Code (which will be hereinafter referred to as the Code) against the order passed by learned Judge City Civil Court 2 Court Ahmedabad City. Mr. V. R. Shah (as he then was) below Ex. 16 dated 9th December 1966 rejecting the application filed by the plaintiffs for refund of the Court fees paid by them in Summary Suit No. 645 of 1965 withdrawn by them with liberty to bring a fresh suit on the same cause of action on 19th August 1965

(2.) A short but interesting question which is of general importance arises in this revision petition.

(3.) The important question therefore that arises for consideration is whether it could be said that the suit which was permitted to be withdrawn by the Court with liberty to bring a fresh suit on the same cause of action can be said to be a suit got dismissed by the plaintiffs for want of prosecution. If answer is given to that question in the affirmative the petitioners would be undoubtedly entitled to refund of the two third of the Court fees.