RAMESHWAR Vs. RAM SARUP

JUDGEMENT

(1.) THIS civil revision is directed against the order dated 28.7.1984 passed by Additional District Judge, Narnaul, whereby an application moved by the plaintiff (respondent herein) under Order 23 Rules 1 and 2 of the Code of Civil Procedure (in short, 'the Code') as well as other application under Order 6 Rule 17 of the Code for amendment of the plaint were decided and while accepting the prayer mentioned in the first application, he has been permitted to withdraw the suit with permission to file fresh one on the same cause of action.

(2.) AGGRIEVED at the afore-mentioned order that the defendants (petitioners herein) have approached this Court.

(3.) AFTER discussion on Issue No. 1, the trial Court in para 9 of its judgment dated 18.4.1977 returned the following finding :-