RAJ KUMAR Vs. CHARAN DASS AND ORS.

JUDGEMENT

(1.) Order dated 29.08.2013 of the lower court whereby application of the plaintiff under Order XXIII Rule 1 (3) for withdrawal of the suit with a liberty to institute a fresh suit on the same cause of action, has been declined. In this revision petition, it is claimed that defect in the plaint is of such nature that it is incurable by way of introducing amendments in the plaint. It is urged that thus the application was to be allowed permitting the plaintiff to file fresh suit on the same cause of action.

(2.) Respondents No.3 to 5 are proforma but even otherwise despite service of respondents No.3 and 4, none had appeared on 08.01.2014. Name of respondent No.5 has already been struck off on 09.04.2014; there is no representation of respondent No.1 since 06.10.2014.

(3.) It is claimed that the suit had been filed by the petitionerplaintiff wherein one of the respondent is Punjab Government and notice under Section 80 C.P.C. was required to be sent before filing the suit. It is urged that it is such a defect which can not be cured by way of amendment and only remedy available with the plaintiff was to take shelter under subRule 3 of Rule 1 of Order XXIII.