(1.) The present revision petition arises out of the orders passed by the trial Court and the lower appellate Court whereby an application filed under Order 39 Rules 1 and 2 CPC filed by the petitioner was dismissed.
(2.) The learned trial Court after noticing the entire factual position, came to the following conclusion:
(3.) In appeal, the lower appellate Court also confirmed this finding of the trial Coart and held as under :