(1.) This is plaintiff's application on a Chamber summons to take the plaint off the file or alternatively to withdraw the suit with liberty to institute a fresh suit or in the further alternative to stay the suit.
(2.) The application is from many points of view a peculiar one.
(3.) The suit was filed by the House Limited Agency described as a registered firm as the plaintiff. The verification in the plaint is by Makhan Lal Samaddar a partner of the plaintiff firm. The plaint is also signed by the said part-ner Makhan Lal Samaddar. Makhan Lal Samaddar is admittedly a partner.