SADARI RAM BANIA Vs. JAWAHAR KURMI AND ORS

JUDGEMENT

(1.) This is a revision filed on behalf of the Defendant. It arises out of a suit for partition filed by the Plaintiff in respect of a house alleged by him to be ancestral, and for a declaration that the mortgage deed executed by his father was invalid and unenforceable. The Plaintiff impleaded his father and the creditors in the suit. The suit was filed in the year 1946. The Plaintiff presented an application in the trial court for the withdrawal of the suit on 27-7-1953, that is, seven years after the filing of the suit. On the same date the court passed the following order on that application:

(2.) Dissatisfied with the above order, this revision has been filed by Defendant No. 5 who was one of the creditors.

(3.) On behalf of the applicant, it is contended that the order passed by the trial, court does not disclose the grounds on which the application was allowed. It does not show that the court has applied its mind to the facts of the case. Under the Code of Civil Procedure, a suit can be allowed to be withdrawn under Order 23, Rule 1 which runs as follows: