HEMAM ONGBI IBENI DEVI Vs. PHILEM NOREN SINGH

JUDGEMENT

(1.) This revision petition, filed under Sec. 115 CPC, arises out of the order dtd. 13/10/2014, passed by the learned Civil Judge (Senior Division), Bishnupur, in Judl. Misc. Case No. 71 of 2014 (Ref: O.S. No. 39 of 2010/10 of 2010/35 of 2013). The said miscellaneous case was filed by the plaintiffs in the suit under Order 23 Rule 1 (3) CPC praying for leave to withdraw the suit with liberty to file a fresh representative suit. However, by its order dtd. 13/10/2014, the Trial Court dismissed their application. Hence, this revision.

(2.) Heard Mr. H. Ishwarlal, learned senior counsel, appearing for the petitioners/plaintiffs; and Mr. N. Rameshwor, learned counsel, representing Mr. S. Sachindra, learned counsel for the respondents/defendants.

(3.) Mr. H. Ishwarlal, learned senior counsel, would contend that the Trial Court was incorrect in adopting a hidebound approach and ought to have permitted withdrawal of the suit with leave to file a fresh suit as the same did not cause any prejudice to the other side.