VINOD KUMAR Vs. GURMAIL SINGH

JUDGEMENT

(1.) Petitioner has invoked supervisory jurisdiction of this Court under Article 227 of the Constitution of India for setting aside impugned order dated 30.03.2010 passed by learned Civil Judge(Junior Division), CR No. 4247 of 2010 Bathinda vide which request of petitioner- plaintiff to withdraw the present suit with liberty to file another suit on the same cause of action under Order 23 Rule 1 of Code of Civil Procedure (for short, the 'CPC'), was declined.

(2.) I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned trial Court.

(3.) Brief facts relevant for the decision of the present revision petition are that, present petitioner-plaintiff filed a suit for declaration to the effect that he is owner in possession of the property in dispute which was purchased by him vide registered sale deed bearing No. 2112 dated 08.06.2001 and that order dated 24.10.2005 by the Collector, Sub Division, Bathinda regarding mutation No. 2453 is illegal and void and that no street exists in the property in dispute with a consequential relief of permanent injunction restraining respondent-defendant No. 1 from illegally and forcibly interfering in possession of the petitioner-plaintiff over the property in dispute. On notice being issued, suit was contested by respondent-defendant by taking the plea that vendor of petitioner-plaintiff was not owner of the land in dispute. Plea was also taken that neither vendor of the petitioner-plaintiff nor petitioner-plaintiff is in possession of the land in dispute and that rather street is in existence at the spot which is being used by respondents- defendants to approach their respective houses and that mutation was rightly challenged by respondents-defendants before the Collector, Sub Division, Bathinda, who had rightly set aside the mutation by passing the impugned order. An application for amendment of plaint was earlier filed by the petitioner-plaintiff under Order 6 Rule 17 CPC seeking relief of possession as well and however, the prayer was declined by learned trial Court. Revision petition filed by petitioner-plaintiff against the said order was also dismissed by this Court. Thereafter, the present application was filed by him to withdraw the the suit with liberty to file a fresh suit on the same cause of action under Order 23 Rule 1 read with Section 151 CPC, which was contested by respondents-defendants and however, the request of petitioner-plaintiff was declined by the trial Court vide impugned order.