KAPILA SHARDA Vs. DHANPATI DEVI AND ORS.

JUDGEMENT

(1.) Dismissal of application under Order XXIII Rule 1(3) CPC whereby permission had been sought by the plaintiff to withdraw the suit with liberty to file the same afresh on the same cause of action, forms genesis of this revision petition.

(2.) There are 27 respondents impleaded in this petition. Though some of the respondents have been appearing through their counsel while some others had been proceeded against ex-parte but still some were yet to be served because correct addresses of theirs were not forthcoming from the petitioner.

(3.) Before the arguments were started, counsel for the petitioner made a statement that for decision of this revision petition, other unserved respondents were not required and thus gave them up for this purpose.