MATHURA BAI Vs. DARYANAMAL

JUDGEMENT

(1.) This petition is preferred by the plaintiffs-petitioners under Article 227 of the Constitution of India for quashing the orders Annexures P/ 1 and P/ 2 passed by the trial Court and the appelalte Court respectively.

(2.) The facts may be summarised. Plaintiff-Petitioner Mathura Bai had preferred a suit for permanent injunction against the respondens, but later, she sought the withdrawal of the suit and filed an application to that effect submitting that she had bequeathed the proporty to petitioner No. 2, and therefore, did not desire to proceed with the suit any more.

(3.) The respondent had opposed the application. The learned trial Court granted the application and the revision preferred by the respondent was also dismissed. A Misc. Petition was preferred in this Court by the respondent defendant, and at the motion hearing stage, without any notice to the petitioner, on the contentions of the defenat respondent that he too had preferred an application in the suit, but the trial Court without deciding the application had wrongly allowed the suit to be withdrawn, it was observed by this Court that the question before the trial Court was not of withdrawal but of substitution. Indeed, without considering that question, the prayer for withdrawal could not be considered. With the said observation, the earlier petition of the respondent was finally disposed of by this Court with a direction that the learned trial Court shall consider the right of respondent to pray for substitution of the trensafaree in place of the plaintiff and within two weeks such application, if made, was directed to be disposed of in accordance with law.