JIBAN KRISHNA SAHA Vs. KAJAL CHANDRA SAHA

JUDGEMENT

(1.) Heard Mr. P. Chakraborty, learned counsel appearing for the petitioner as well as Ms. P. Dhar, learned counsel appearing for the respondents.

(2.) This is a petition under Article 227 of the Constitution of India questioning the legality of the order dated 14.08.2019 delivered in TS 3 of 2018 by the Civil Judge, Senior Division, Court No.2, Gomati District, Udaipur. The brief fact that is relevant for purpose of consideration of the challenge is that the petitioner had filed an application under Order 23 Rule 1 (3) (a) of the CPC for withdrawal of the suit with liberty to file afresh inasmuch as, according to the plaintiff, he found in the plaint 'some formal defects'. Those cannot be rectified by way of amendment of the plaint and as such the prayer made for withdrawal of the suit with liberty to file afresh. The respondents, the defendants in the suit, raised serious objection by stating that that was a ploy to have a space to sell the suit land and to avoid the effect of lis pendens, though not worded likewise. After hearing the parties, the Civil Judge, Senior Division, Court No.2, Gomati District, Udaipur by the order dated 17.08.2019 which is challenged herein has observed as follows:

(3.) No other ground did attract the Civil Judge, Senior Division to allow the petitioner withdraw the suit with liberty as sought. Accordingly, he dismissed the suit by the said order.