IRSHAD FATMA Vs. CHAMAN LAL

JUDGEMENT

(1.) IN view of the law laid down in the case of Shiv Shakti Coop. Housing Society Nagpur v. M/s. Swaraj Developers and others, 2003(2) RCR(Civil) 676 (SC) : JT 2003(4) SC 255, the revision petition filed by the petitioners under Section 115 CPC is not maintainable.

(2.) FACED with this difficulty, the learned counsel submits that the present revision petition may be treated as petition under Article 227 of the Constitution of India.

(3.) THE plaintiffs are petitioners before this Court. They are aggrieved against the order dated March 3, 2003 passed by the learned trial Court, whereby their application filed under Order 23 Rule 3 of the Code of Civil Procedure has been dismissed. Through the aforesaid application, the plaintiffs wanted to withdraw the aforesaid suit with a liberty to file a fresh suit on the same cause of action. It is not in dispute that the suit is still at the initial stages. In fact some of the defendants have not even been served so far.