BALKAR SINGH Vs. RAM SARUP

JUDGEMENT

(1.) Present petition is filed challenging the judgment dated 1.6.2009 passed by learned District Judge, Jind, whereby the learned Appellate Court dismissed the application moved by the appellants/petitioners to recall the order dated 17.12.2008, whereby the appeal was withdrawn by the appellants.

(2.) Brief facts of the present case are that civil suit, Suit No.48 of 12.2.2004, was filed by the plaintiffs/appellants/present petitioners against the defendants/present respondents for declaration declaring that rapat was illegally sanctioned, adversely affecting rights of the plaintiffs as residents of the Village and rights of the defendant No.1- Gram Panchayat and land in dispute was earmarked for common use of the residents of the village; suit was permitted to be filed under Order 1 Rule 8 C.P.C.; suit was dismissed vide judgment dated 7.8.2008; judgment dated 7.8.2008 was challenged in appeal before the learned District Judge, Jind; learned Counsel appearing for the appellants made a statement on 17.12.2008 before the learned Appellate Court to the effect that appellants did not wish to continue the appeal and same be dismissed as withdrawn; on the statement made by learned Counsel for the appellants, appeal was dismissed as withdrawn; thereafter, application under Section 151 C.P.C. was moved by the appellants to the effect that the then learned Counsel appearing for the appellants had wrongly withdrawn the appeal, hence, so called withdrawal by the earlier Counsel on 17.12.2008 be permitted to be withdrawn and appeal be heard on merits; the application moved by the appellants/petitioners was also dismissed vide impugned order dated 1.6.2009; hence, the present revision petition.

(3.) In the present petition, the very important question of law arises for consideration is as to whether a suit or appeal filed under Order 1 Rule 8 C.P.C. in representative capacity can be withdrawn without following the procedure given under Sub-rule (4) of Rule 8 of Order 1 C.P.C.