SHRI TEJA SINGH, ETC. Vs. GURDIAL SINGH, ETC.

JUDGEMENT

(1.) THIS revision has arisen in the following circumstances: A suit was filed by two brothers, Gurdial Singh and Gurnam Singh, against Teja Singh and others for the possession of houses, etc., situated in village Tohra, in tehsil Nabha. This suit was filed on 3rd of May, 1967. Some evidence had been recorded when on 2nd of July, 1968, Gurdial Singh, one of the Plaintiffs, filed an application to the effect that he did not want to proceed with the case and wanted to withdraw the same. The other Plaintiff not being present, the case was adjourned to the next day, i.e., 3rd of July, when the other Plaintiff also presented a similar application. In the proceedings recorded by the learned Subordinate Judge on 2nd of July, 1968, it is mentioned -

(2.) THE objection raised on behalf of the Defendants was that the Plaintiffs should not be allowed to withdraw their earlier applications for the withdrawal of the suit. The lower Court after considering the matter allowed the earlier applications to be withdrawn and this order was confirmed by the District Judge relying upon Yeshwant Goverdhan v. Totaram Avasu and Ors. : A.I.R. 1958 Bom. 28, and Jagarnath Keyal v. Nagal Mull : A.I.R. 1962 Pat 428. The Defendants have filed this revision.

(3.) THE only case taking a contrary view is Smt. Raisa Sultana Begam and Ors. v. Abdul Qadir and Ors. : A.I.R. 1966 All. 318. Reference in this respect may also be made to certain observations of the Supreme Court in M/s Hulas Rai Baij Nath v. Firm K.B. Bass and Company : A.I.R. 1968 S.C. 111. In that case the Plaintiff in a suit for rendition of accounts, put in an application for withdrawal of the suit at a stage prior to the passing of a preliminary decree, but after considerable evidence had been led. The opposite party objected to the suit being allowed to be withdrawn on the ground that in a partition case decree can be passed in favour of the Defendant on payment of court -fee. Dealing with this matter their Lordships observed as follows: