MADHURIBAI Vs. SHAKUNTALABAI

JUDGEMENT

(1.) This petition has been filed by the petitioner/plaintiff under Article 227 of the Constitution of India against the order dtd. 29/1/2018, as also against the order dtd. 23/6/2022, passed in Civil Suit No.47-A/2016 and MJC No.35/2019 (although, in the impugned order it is written as MJC No.35/2018), respectively, by Civil Judge Class-I, Dharampuri, District Dhar. Vide order dtd. 29/1/2018, the petitioner/plaintiff's application under Order XXIII Rule 1(3) of CPC for withdrawal of suit with liberty to file a fresh suit, has been partly allowed whereas, the liberty has been refused, but the suit has been allowed to be withdrawn and is dismissed.

(2.) The petitioner also preferred a review petition of the aforesaid order by filing MJC No.35/2019, which has also been dismissed by the Trial Court on 23/6/2022.

(3.) In brief, the facts of the case are that a civil suit for declaration and injunction was filed by the petitioner/plaintiff on 3/5/2016 and in the aforesaid suit an application under Order XXIII Rule 1(3) of CPC for withdrawal of the suit with liberty was filed on 5/1/2018 which has been dismissed as aforesaid.