AKKABAI GANGADHAR SHETYE Vs. PRABHAKAR BABURAO GHORPADE

JUDGEMENT

(1.) THE Petitioners in this Petition impugn the Order dated 12th March 1987 passed by the Civil Judge, Junior Division, Karad, Dist. Satara on Exhibit 45 in Regular Civil Suit No.294 of 1983.

(2.) THE Plaintiff, who is the Respondent No.1 herein, moved the said application Exhibit 45 to withdraw the said suit with liberty to file a fresh Suit on the ground that there were some technical defects in the said Suit. Nothing was disclosed as to the nature of the formal defect, if any, which made the Plaintiff to move the application with liberty to file a fresh suit. THE present Petitioners filed his reply to the same contending therein that the application does not disclose any reason and as such the provisions of Order XXIII rule 1 of the Code of Civil Procedure, 1908 were not satisfied and as such the Plaintiff's application should be dismissed.

(3.) NONE appears for the Plaintiff/respondent No.1, Shri Mulla, appearing on behalf of the Respondent Nos. 2 to 5 sought to defend the Order of the Trial Court on the ground that there were no error of jurisdiction and consequently the Order should not be quashed and set aside.