ISHTISK AHMAD Vs. DIN MOHD

JUDGEMENT

(1.) Plaintiff-petitioners are aggrieved against the order passed by the trial Court whereby their prayer for withdrawal of the suit with permission to file a fresh suit on the same cause of action was declined.

(2.) I have heard the learned counsel for the parties and have gone through the records of the case.

(3.) In this case, written statements had been filed by the defendants on 29.9.1993 in which a preliminary objection was taken that the suit was bad on account of non-service of notice under Section 6 of the Punjab Wakf Board Act (hereinafter referred to as 'the Act'). If the plaintiff-petitioners wanted to withdraw the suit, they could make an application in this regard earlier and not when the case is fixed for rebuttal evidence and arguments. A party, once having invoked the jurisdiction of the Civil Court and having put it to motion upto the leave of full trial, cannot be allowed to withdraw the suit to file a fresh suit on the same cause of action. Therefore, I do not find any illegality or material irregularity in the impugned order which may warrant exercise of revisional jurisdiction of this Court under Section 115 of the Code.