UMA DEVI Vs. NAGARPALIKA, BEGAMGUNJ

JUDGEMENT

(1.) INVOKING the civil revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure (in short 'the CPC) the plaintiffs -petitioners have assailed the order dated 25 -3 -96 passed by the Civil Judge, Class -I, Begamgunj in Civil Suit No. 1 -A/94 whereby he has dismissed the application of the present petitioners under Order 23 Rule 1 (3) of the CPC seeking withdrawal of the suit with a liberty to institute a fresh suit.

(2.) THE facts in a nutshell are that the petitioners instituted the aforesaid suit against the defendants for permanent injunction restraining them from raising construction of the road over the suit land. According to the plaintiffs they are the owners in possession of the suit land which is a part of the Khasra Nos. 6 and 7 and the defendants have no manner of right, title or interest in the land in question.

(3.) ASSAILING the impugned order it is submitted by Mr. Dinesh Kaushal, learned counsel for the petitioners that the trial Court has erred in law in refusing to grant leave to withdraw the suit on the ground that the defendants No. 3 and 4 are not parties to the suit and the same is connected with another suit. It is his further submission that the order of rejection clearly demonstrates that the Court below has refused to exercise the jurisdiction which is vested in him and that warrants interference by this Court in exercise of revisional jurisdiction.