RABIZUL ALI LASKAR Vs. SAIBUR RAJA LASKAR

JUDGEMENT

(1.) This revision petition under Section 115 of the Civil Procedure Code has been directed against the order dated 10.6.96 passed by the learned Sadar Munsiff No. 2, Silchar in Title Suit No. 155 of 1992 rejecting the application filed by the petitioners-plaintiffs to withdraw the suit with a liberty to file a fresh suit.

(2.) I have heard Mr H.R.A. Choudhury, learned counsel for the petitioner and Mr S.A. Laskar, learned counsel for the opposite party.

(3.) The admitted facts are that the petitioners as plaintiffs filed Title Suit No. 155 of 1992 before the learned Court below praying for a decree inter-alia for declaration of their title in respect of the suit land as well as for confirmation of their possession thereof. They also prayed for a decree for permanent injunction in respect of the suit land. The opposite party- defendants appeared in the suit and filed their written statement inter-alia contending that suit was not maintainable on the ground of non-joinder of necessary parties keeping in view the issue to be decided, it is not necessary to go into the details of cases of the parties on merits.