PARGAT SINGH Vs. NACHHATTAR SINGH

JUDGEMENT

(1.) THIS is a civil revision filed by Pargat Singh and has been directed against the order dated 23.9.1999 passed by the Addl. Distt. Judge, Fatehgarh Sahib, who allowed the application of the plaintiff-appellant under Order 23, Rule 1, CPC, and granted him the permission to withdraw the suit unconditionally mainly on the ground that the appeal is in continuation of the original proceedings.

(2.) SOME facts, in brief, can be noticed in the following manner :-

(3.) THE suit was contested by the defendants. According to the defendants, they paid money as per their shares to the plaintiff and purchased the property in question. The decree dated 22.10.1977 is perfectly legal and no fraud or misrepresentation has been played upon the plaintiff. The defendants also took the objection that the suit of the plaintiff is barred under Section 11 of the CPC. Similar suit No. 147 of 4.5.1981, which was between the parties and with regard to the same property, was dismissed on 11.12.1982 by the Sub Judge 1st Class, Fatehgarh Sahib. The suit is also barred by time. With these broad defences, the defendants prayed for the dismissal of the suit.