BHUSHAN Vs. BALA PRASAD

JUDGEMENT

(1.) HEARD.

(2.) THIS is a revision petition filed by original plaintiff (revisionist)against the order dated 25-7-2003 passed by Civil Judge, Class II, Maihar holding that the plaintiff's Civil Suit No. 50- A/03 stands withdrawn without liberty to file a fresh suit. In view of plaintiff's Interlocutory Application under Order 23 Rule 1 (3) of CPC has been partly allowed. The original suit was filed by the plaintiff for declaration of the sale-deed dated 6-8-1994 as null and void and permanent injunction.

(3.) LEARNED Advocate of the applicant has argued that learned Civil judge should have allowed or disallowed his application. The result of this order would be that he is deprived of the justice for which he has filed a civil suit. The learned Counsel for the applicant has requested that he wants to further proceed with the Civil Suit No. 50-A/03 for declaration of the sale deed dated 6-8-1994 as null and void and inoperative.