NACHHATTAR SINGH Vs. DARSHAN SINGH & OTHERS

JUDGEMENT

(1.) The petitioner has invoked the supervisory jurisdiction of this Court under Article 227 of the Constitution of India to challenge the order passed by the learned trial Court vide which application moved by the plaintiffs-respondents under Order 23 Rule 1 and 3 of the Code of Civil Procedure ( in short the 'CPC') stands allowed. The impugned order reads as under:-

(2.) The argument of the learned counsel for the petitioner is based on the facts noticed by the learned Court, to contend that the plaintiffsrespondents were totally negligent in conducting the case, and therefore, it was not a case which fell under Order 23 Rules 1 and 3 CPC.

(3.) It is also the contention of learned counsel for the petitioner that application moved by the plaintiff/respondents did not disclose any ground or formal defect which could result in dismissal of suit, so as to give jurisdiction to learned Court to grant permission, to file a fresh suit, on the same cause of action, specially when the application moved was not bona fide.