DALIP SINGH Vs. RAJINDER SINGH

JUDGEMENT

(1.) THIS is a defendant's revision petition against the order of the learned subordinate Judge accepting the plaintiff's application under O. 23, R. 1, Code of civil Procedure for permission to withdraw the suit with liberty to bring another one on the same cause of action.

(2.) THE impugned order reads:

(3.) THIS petition is accepted on the short ground that the impugned order is no judgment in the eye of law. A bare reading of the said order would show that no reasons have been given by the learned Judge as to how he came to the conclusion that the requirements of Order 23, Rule 1 were satisfied in this case. It is not sufficient to say that from the statement of the plaintiff, the court was satisfied that there was a formal defect "in the frame and form of the suit". Curiously enough even the said statement had not been recorded in the order. The suit had gone on for quite some time, when the plaintiff made the statement, referred to in the impugned order. The learned Judge should have examined the provisions of Order 23, Rule 1, Code of Civil Procedure, before giving the necessary permission to the plaintiff. Needless to say that the same could be granted only if the case fell within the four-corners of the said rule.