SHAM LAL Vs. KAMLESH RANI

JUDGEMENT

(1.) Present revision petition is to set aside impugned order dtd. 14/10/2022 (Annexure P-1) passed by learned Civil Judge (Junior Division), Patiala whereby application dtd. 6/9/2022 (Annexure P-2) under Order 23 Rule 1(3) read with Sec. 151 of Code of Civil Procedure, 1908 filed by the petitioner-plaintiff to withdraw the suit with liberty to file fresh one on the same cause of action, was dismissed.

(2.) Learned counsel for the petitioner-plaintiff, inter alia, contends that plaintiff-petitioner filed a suit seeking permanent injunction restraining respondent-defendant from interfering in the peaceful possession of the property in question as well as for mandatory injunction. Notice was issued and respondent-defendant filed written statement. Before framing of issues, plaintiff-petitioner filed an application under Order 23 Rule 1(3) read with Sec. 151 of Code of Civil Procedure, 1908 seeking permission to withdraw the suit with liberty to file fresh one on the same cause of action. Learned Court below vide impugned order dtd. 14/10/2022 (Annexure P-1) dismissed the said application.

(3.) Given the nature of order being passed, there is no necessity to issue notice to the respondent, as no prejudice would be caused to him. Notice to the respondent is thus dispensed with.