GOVERDHAN DASS Vs. KISHORI LAL AND OTHERS

JUDGEMENT

(1.) Defendant no. 1 Goverdhan Dass has filed this revision petition under Article 227 of the Constitution of India assailing order dated 14.05.2003 passed by the trial court, thereby allowing the plaintiffs' to withdraw the suit, with permission to file fresh suit on the same cause of action, if so advised.

(2.) Respondents no. 1 to 4 and Kapoor Chand (predecessor of respondents no. 5 and 6) filed suit in representative capacity under Order 1 Rule 8 of the Code of Civil Procedure (in short CPC) on their behalf as well as on behalf of other Proprietors of the Village against defendant no.1- petitioner and performa respondents no. 7 to 9 as defendants no. 2 to 4. Plaintiffs moved application under Order 23 Rule 1 (3) CPC for withdrawing the suit with liberty to file fresh suit on the same cause of action alleging that Dera Faqir Udasian is necessary party to the suit, but has not been impleaded, and therefore, the suit is likely to fail due to said defect and impleadment of the said Dera at this stage would result in re-trial of the suit, and therefore, the aforesaid omission cannot be cured by impleading the Dera, at this stage. Defendant no. 1-petitioner, by filing reply, opposed the aforesaid application.

(3.) Learned trial court, by impugned order dated 14.05.2003, also decided another application filed under Order 22 Rule 3 CPC for impleading legal representatives of Kapoor Chand plaintiff no. 5 and also allowed application of plaintiffs filed under Order 23 Rule 1 (3) CPC. Feeling aggrieved, defendant no. 1 has filed this revision petition to challenge the said order.