SUMITRA Vs. NAND KISHORE

JUDGEMENT

(1.) PETITIONER has filed this petition challenging order dated 12.12.2013 (Annexure P3) whereby the plaintiff was permitted to withdraw the suit with liberty to file a fresh one .

(2.) LEARNED counsel for the petitioner has submitted that the suit was listed for rebuttal evidence of the plaintiff and arguments and at that stage, the trial Court had erred in permitting the plaintiff to withdraw the suit with liberty to file a fresh one. In support of his arguments, learned counsel has placed reliance on Ram Chander vs. Jatish Chander,1988 HRR 566 wherein it has been held as under: -

(3.) LEARNED counsel has further placed reliance on Rapolu Yadagiri vs. Smt.Rapolu Lakshmamma and others, 2003 AIR(AP) 300 wherein it has been held as under: -