KSHETRIYA SRI GANDHI ASHRAM, THROUGH ITS SECRETARY SHRI NATHUNI PANDEY AND ANR. Vs. ADDITIONAL DISTRICT JUDGE, SITAPUR AND ORS.

JUDGEMENT

(1.) HEARD Mr. R.K. Sharma, learned Counsel for the petitioners and Mr. D.C. Mukherjee, learned Counsel for opposite party Nos. 3, 4 and 5.

(2.) THE petitioners have challenged the order dated 3rd of February, 2006, passed by the Civil Judge (SD), Sitapur in civil suit No. 394 of 2005, whereby the petitioners' objection against the counter claim filed by the respondents -defendants has been rejected as also the order dated 14th of September, 2009, passed by the Additional District Judge, Sitapur in Civil Revision No. 25 of 2006, upholding the order passed by the Civil Judge.

(3.) THE learned Counsel for the petitioners submits that the order XXIII Rule 1 speaks that at any time after the institution of a suit, the plaintiff may as against all or any of the defendants abandon his suit or abandon a part of his claim. He further submits that as soon as the plaintiff moves such application, he abandons his claim and no formal order of the court is required, thus the abandonment becomes effective immediately as soon as such application is presented before the court. In support of his submission he cited the following decisions: