PUSHPA DEVI AND OTHERS Vs. DHARAMBIR AND OTHERS

JUDGEMENT

(1.) Challenge in the present petition is to the order dated 12.11.2011, passed by the learned court below, whereby the application filed by the petitioners-plaintiffs for permission to withdraw the suit was allowed, however, no permission to file fresh one was granted.

(2.) Learned counsel for the petitioners submitted that there being certain inherent defects in the suit, on account of which it was bound to fail, the same was sought to be withdrawn with liberty to file fresh one for the same relief. Though the suit had been permitted to be withdrawn but permission to file fresh one was declined.

(3.) After hearing learned counsel for the petitioners, I do not find any merit in the present petition. The suit was filed way back in the year 2003 for permanent injunction. Subsequent thereto, the same was amended in the year 2005 and relief of mandatory injunction and possession was also claimed. Thereafter, the parties concluded their evidence. When the case was fixed for arguments, application for permission to withdraw the suit with liberty to file fresh one for the same relief was filed. In my opinion, the permission to file fresh suit has rightly been declined by the learned court below. Once the parties had already contested the suit for a period of eight years, no good reason has been assigned for filing a fresh suit and the basis for relief sought to be claimed. I do not find that any illegality has been committed by the learned court below in rejecting the prayer for permission to file a fresh suit on the same cause of action for the same relief.