SHANTILAL Vs. BABULAL

JUDGEMENT

(1.) THIS appeal has been filed being aggrieved against the judgment and decree dated 18.12.78 passed in C.O.S. No. 6 -A of 75 by the Additional Judge to the Court of District Judge, Shajapur permitting the respondent plaintiffs to withdraw the suit with permission to file a fresh suit.

(2.) A preliminary objection has been raised that this appeal is not maintainable as the order impugned is neither a judgment nor a decree. However, it appears that the appeal has been filed under an impression that after the withdrawal of the suit a decree was prepared by the Court. In any case in view of the facts and circumstances of the case this appeal can be considered as a revision and for that purpose the order impugned is being examined about its illegality.

(3.) WITH the aforesaid observation this appeal is disposed of with no order as to costs.