BLAWINDER SINGH Vs. MANOD SINGH

JUDGEMENT

(1.) The challenge in the present revision petition is to the order dated 10.10.1992, whereby an application filed by the plaintiff- petitioner for withdrawal of the suit with permission to file a fresh one, on the same cause of action for the reason of formal defects in the suit, was dismissed.

(2.) The learned trial Court has found that the alleged formal defects are not such, which cannot be rectified in the present suit. It has been pointed out that Harpal Singh vendee from Malkiat Kaur, has not been impleaded in the suit. It has been also found that he can be joined in proceedings as a party by seeking amendment of the plaint. Still further, it has been found that Malkiat Kaur has sold some part of the suit land vide registered sale deed dated 6.11.1987. The sale deed was produced in Court on 2.8.1991 and the application was filed on 1.10.1992.

(3.) The reasoning given by the learned trial Court declining the permission to withdraw the suit, cannot be said to be suffering from any patent illegality or irregularity which may warrant interference by this Court in exercise of its revisional jurisdiction. Hence, the present petition is dismissed.