SADHU RAM Vs. ANTO DEVI AND ORS.

JUDGEMENT

(1.) VIDE order dated 21.1.1989 Sub Judge, 1st Class, Jagadhri, allowed the plaintiffs -respondents herein to withdraw the suit with liberty to institute another suit on the same cause of action subject to the payment of Rs. 500/ - as costs.

(2.) DEFENDANT -petitioner herein has assailed this order through this revision.

(3.) PLAINTIFFS moved an application under Order 23 Rule 1(3) CPC for withdrawal of the suit with permission to file fresh suit on the same cause of action saying that the non -production of the site plan showing the exact portion which the defendant had encroached upon is a formal defect and owning to this formal defect, suit was bound to fail.