MANJIT SINGH Vs. KULBIR SINGH

JUDGEMENT

(1.) BY way of this petition, petitioner has challenged the order dated 15.9.2011 (Annexure P -3), passed by the Appellate Court, whereby application moved by the petitioner under Order 23 Rule 1 of the Code of Civil Procedure, 1908 (CPC for short) was dismissed. Learned counsel for the petitioner has submitted that the trial Court had, itself, found that there was technical defect in the suit. Hence, the Appellate Court should have allowed the petitioner to withdraw the suit in question with permission to file a fresh one on the same cause of action. In support of his arguments, learned counsel has placed reliance on the decision of this Court in M/s. Manohar Cold Storage and Ice Factory v. Baldev Singh and others : 2010 (3) Civil Court Cases 0481, wherein, it was held as under: - -

(2.) LEARNED counsel for the respondent, on the other hand, has submitted that the petitioner had failed to specify the formal defect in the suit in the application under Order 23 Rule 1 CPC. Hence, the Appellate Court had rightly dismissed the application moved by the petitioner under Order 23 Rule 1 CPC. In support of his arguments, learned counsel has placed reliance on Veerbhadrappa v. Mahalingappa and others : 2009 (3) Civil Court Cases 0547, wherein, it was held as under: - -

(3.) WHETHER the suit is bad for misjoinder and non joinder of necessary parties? OPD