VIJAY BAHADUR SINGH Vs. MUNNE KHAN

JUDGEMENT

(1.) By means of this writ petition the petitioner has challenged the order passed under Order 23, Rule 1 C.P.C. read with Rule 3 C.P.C. for withdrawal of the suit with liberty to file a fresh suit. The court below, while rejecting the application vide order dated 22.4.2014, has held that the petitioner for the same property against the same defendant had earlier instituted two suits, one was withdrawn with liberty to file another and the second suit was also dismissed for non prosecution. Now for the 3rd time in respect of the same property and between the same party, this suit has been filed. Now an application has been moved to withdraw the suit without indicating as to what is the legal error in filing the suit and what injury would occur to the plaintiff to pursue the suit with error, if any.

(2.) In the absence of such material, the court below was justified in rejecting the application for withdrawing the suit with liberty to file a fresh and has also imposed a cost of Rs. 2000.00.

(3.) It is noteworthy that for deciding the present suit the petitioner had filed a writ petition in which a direction was issued to decide the suit within the time frame. However, the suit could not be decided within the time frame, contempt application was also moved . Now this application has been moved for withdrawing the suit with liberty to file a fresh which has been rejected.