KARNAIL SINGH Vs. HARBACHAN SINGH

JUDGEMENT

(1.) This revision petition is directed against the Order of the Additional District Judge, Sangrur, dated 13th September, 1980, whereby the plaintiff-appellants were allowed to withdraw the suit in appeal against the judgment of the trial Court dismissing their suit.

(2.) The respondent-plaintiffs Harbachan Singh and Gurbachan Singh filed the suit for permanent injunction restraining the petitioner-defendants from taking forcible possession of the land in dispute, which was dismissed by the trial Court. In appeal, it was stated that since they have not sought the relief about the declaration of ownership of the land in dispute and this being a technical defect, the suit was liable to be dismissed, and, therefore, they were allowed to withdraw suit with permission to file fresh one. This application was contested on behalf of the defendants. However, the learned Addl. District Judge found that since there was a technical defect, the suit might be dismissed. He allowed the said prayer. The plaintiffs were, therefore, allowed to withdraw the suit with permission to file fresh one on the same cause of action subject to payment of Rs. 50/- as costs.

(3.) Learned counsel for the petitioner-defendants submitted that no such permission could be granted to the plaintiffs to withdraw the suit at the appellate stage.