HARSH VASHISHT Vs. RAJINDER SHARMA

JUDGEMENT

(1.) Harsh Vashisht elected as Vice President of Gaur Brahmin Vidya Parcharni Sabha, Rohtak (for short, "the Sabha), in the results of the elections declared on 31.1.2011, has brought this revision petition under the provisions of Article 227 of the Constitution of India challenging the order dated 5.9.2011 passed by Civil Judge (Senior Division), Rohtak, whereby application of respondent No. 1/plaintiff No. 2 (hereinafter referred to as "the respondent") for allowing him to withdraw all his claims/reliefs from the suit with liberty to institute a separate fresh suit, for setting aside the result of election for the post of Vice President and for recounting of votes, has been accepted.

(2.) Vide the impugned order, learned trial court had decided three applications. The first application had been dated 3.6.2011 filed by plaintiffs No. 1 and 2 under Order 1 Rule 10 and Order 23 Rule 1 read with Section 151 CPC for abandoning their claim/relief/suit against defendants No. 4, 6, 8 and 9 and for deleting their names from the array of defendants. Application No. 2 was dated 18.7.2011 filed by plaintiff No. 2 for withdrawal of the suit with permission to file a separate suit and the last application dated 28.7.2011 filed by plaintiff No. 1 is under Order 1 Rule 10 and Order 23 Rule 1 read with Section 151 CPC for abandoning their claim/relief/suit against defendant No. 5 and for deleting his name from the list of defendants. Defendant No. 5 is the petitioner before me.

(3.) Hearing learned counsel for the parties, learned trial court allowed the various applications. The only order challenged before me is of allowing application of plaintiff No. 2/respondent No. 1 permitting him to withdraw all his claims/relief from the suit with liberty to institute a separate fresh suit on the same cause of action regarding the election to the post of Vice President.