PIARA SINGH Vs. NIRANJAN SINGH

JUDGEMENT

(1.) This revision petition is directed against the order of the trial Court dated December 19, 1989, whereby the application to withdraw the suit with permission to file a fresh suit was allowed on payment of Rs. 100/- as costs.

(2.) The plaintiff-respondent filed the suit for possession of 80 bighas and 14-1/2 biswas of land on May 10, 1985. According to the defendants-petitioners, the evidence was closed on October 27, 1989, On February 9, 1989, when the case was fixed for arguments, the plaintiffs moved an application that they may be allowed to withdraw the suit. Without giving any notice of the said application, the same was allowed by the trial Court by the impugned order on the ground that the description of the property in suit had not been given properly and due to this formal defect, the suit could not succeed.

(3.) The learned counsel for the petitioner submitted that there was absolutely no occasion for the plaintiff to withdraw the said suit at that stage which had been pending for more than five years. Moreover, argued the learned counsel, no notice of the application was given and, therefore, no reply could be filed thereto.