GORDHANLAL Vs. BABULAL AND OTHERS

JUDGEMENT

(1.) The plaintiff has filed the present revision being aggrieved by order dated 30.09.2015 by which the appellate Court has permitted the plaintiff to withdraw the suit without liberty to file a fresh suit.

(2.) Facts of the case, in short, are as under :-

(3.) Shri S.C. Agrawal, learned counsel appearing on behalf of the petitioner submits that when the Court is granting permission to withdraw the suit, then the Court is bound to grant liberty to file a fresh suit. The learned appellate Court without considering the material on record has wrongly exercised its discretion by partly allowing the application. In support of his contention, he has placed reliance on the decisions in the case of Mario Shaw Vs. Martin Fernandez [AIR 1996 Bombay 116], D.P. Sharma Vs. Banglore Mahanagara Palike [AIR 2001 Karnataka 401] and M. Subba Rao Vs. Vasanth [AIR 2015 Hyderabad 68] and prayed for setting-aside of the impugned order so far as it relates to refusal to grant liberty to file a fresh suit.