MRIDUL BARUAH Vs. RAMAWATER AGARWALLA

JUDGEMENT

(1.) Heard Mr. A. K. Gupta, learned counsel appearing for the petitioner. Also heard Mr. B.Dutta, learned counsel for the respondents.

(2.) This civil revision petition under Article 227 of the Constitution of India is directed against an order dated 25.09.2014, passed by the learned Munsiff No. 1, Tinsukia, in Title Suit No. 29/14, whereby the learned Munsiff had allowed the petition, being Petition No. 2094/2014, filed by the plaintiffs praying for withdrawal of the suit with liberty to file afresh subject to payment of Rs. 1,000.00, as cost, to the defendant making it clear that payment of the cost will be a condition precedent for institution of the new suit.

(3.) In order to appreciate the controversy, it will be appropriate to notice a few relevant facts, which are enumerated below: