MAHENDER Vs. RAJBIR AND ORS.

JUDGEMENT

(1.) THE present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 1.2.2010, vide which application filed by present Petitioner for restoration of Civil Suit No. 15 of 2003 pending before learned Additional Civil Judge, Senior Division, Sonepat, has been dismissed with a prayer for acceptance of present revision petition and for allowing the application for restoration of the suit filed by the petitioner.

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

(3.) DURING pendency of the suit, an application dated 5.6.2006 was filed by present Petitioner requesting for withdrawal of the suit to the extent of his share. On the same day, he also got recorded his statement before the Court and, however, the case was adjourned to 28.8.2006 by learned trial Court for consideration on the application. Vide order dated 23.10.2006, in view of the statement made by present petitioner in the application, suit was dismissed as withdrawn qua present petitioner -plaintiff No. 1. proceedings continued in the suit qua the other plaintiff till 16.9.2008, when the present application was moved for withdrawal of admission dated 5.6.2006 and for requesting for restoration of the suit, which was dismissed by learned trial court by observing as under: