SAURABH Vs. ASHOK KUMAR AND OTHERS

JUDGEMENT

(1.) These two Revisions have been preferred by the 1st defendant Saurabh challenging the order passed by the trial Court granting permission to the 1st respondent/ plaintiff to withdraw the suit filed for declaration of his title to 1/4th share in the subject property and the order of dismissal of the application filed by the 1st respondent under Section 10 of the Code of Civil Procedure .

(2.) The plaintiff Ashok Kumar filed originally a suit on Civil Revision No. 1042 of 2013 2014(7) RCR (Civil) Recent Civil Reports 109 21.11.2008 seeking declaration of his title to 1/4th share in the suit property based on the Will dated 11.8.2003 executed by Smt. Sitawanti. Later on, she filed a suit for partition and separate possession in respect of the property covered under the said Will executed by Smt. Sitawanti.

(3.) The plaintiff, contending that though the cause of action as well as the reliefs claimed in those two suits are different, the Will executed by Smt. Sitawanti on 11.8.2003 was the subject matter in issue in both the suits, sought permission to withdraw the suit filed for declaration of title.