RAHUL AND ANOTHER Vs. AJAY PAL AND OTHERS

JUDGEMENT

(1.) Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 16.03.2013 passed by learned Civil Judge (Junior Division), Sirsa, whereby liberty has been granted to respondent No.1 to file fresh suit on the same cause of action.

(2.) Brief facts of the case are that respondent No.1 filed a suit for declaration against the petitioners and respondents No.2 and 3 challenging the 'Will' in favour of petitioner No.1. In pursuance of notice, petitioners and respondent No.2 appeared and filed their written statements and thereafter both the parties led their evidence. Respondent No.1/plaintiff was granted liberty to lead rebuttal evidence, however, no rebuttal evidence was led. On 16.03.2013, learned counsel for respondent No.1/plaintiff suffered a statement before the Court that due to some technical defect he did not want to proceed with the suit and same was requested to be dismissed as withdrawn to file fresh one. Vide order dated 16.03.2013, learned Civil Judge (Junior Division), Sirsa accepted the prayer and dismissed the suit as withdrawn with liberty to file afresh. Hence, this revision petition.

(3.) I have heard learned counsel for the parties and perused the record.