Y. JAGAN NATH Vs. AMRITSAR DIOCESAN TRUST ASSOCIATION

JUDGEMENT

(1.) THE Amritsar Diocesan Trust Association and others (hereinafter referred to as 'the plaintiffs') filed a suit for permanent injunction against the Church of North India and others (hereinafter referred to as 'the defendants'). The suit was decreed by the learned Additional Senior Sub Judge, Amritsar on October 4, 1979.

(2.) AGGRIEVED by the judgment dated October 4, 1979, the plaintiffs preferred appeal. On November 29, 1983 when the appeal came up for hearing, the learned Additional District Judge, on the basis of a prayer made by learned Counsel for the plaintiffs, permitted him to withdraw the suit as well the appeal as there were formal defects in the suit. The judgment and decree under appeal were set aside and the plaintiff was allowed to withdraw the suit with liberty to file a fresh suit on the same cause of action. It is this order which is the subject-matter of challenge in the revision petition preferred by the petitioners-defendants.

(3.) MR . M.L. Sarin, learned Counsel for the petitioners contended that Order 23 Rule 1 sub-rule (1) CPC does not apply to appeals and the right of the plaintiffs to withdraw the suit is not absolute right but is subject to the rights of the defendants which the defendants have got under the decree. The plaintiffs have been non-suited mainly on the ground that they have no locus standi to file the suit.