BALBIR SINGH Vs. PAWAN KUMAR

JUDGEMENT

(1.) In this revision petition filed by plaintiff Balbir Singh under Article 227 of the Constitution of India, challenge has been laid to order dated 13.05.2013 passed by learned trial court thereby dismissing application (Annexure P-2) filed under Section 151 of the Code of Civil Procedure (in short CPC) for permission to withdraw the instant suit, with liberty to file fresh suit.

(2.) I have heard counsel for the petitioner and perused the case file.

(3.) Plaintiff-petitioner has filed suit against defendant-respondent Pawan Kumar for specific performance or agreement to sell, allegedly executed by defendant in favour of the plaintiff. In application (Annexure P-2), it was stated that the plaintiff wanted to withdraw the present suit, with liberty to file fresh suit and it would be in the interest of justice to do so.