CHHINDO Vs. MELA SINGH AND ORS.

JUDGEMENT

(1.) THIS revision is directed against the order of the learned Additional Subordinate Judge, Batala, dated 15th January, 1966, passed on an application for withdrawal of the suit with permission to bring a fresh suit on the same cause of action presented under Order XXIII, Rule 1, Code of Civil Procedure.

(2.) THE suit was instituted on 6th May, 1965, and after certain dates of hearing for effecting service on the Defendants, written statement was filed on 15th September, 1965. The case was adjourned to 23rd September, 1965, for replication, though I must say that there was hardly any need for replication in the present case.

(3.) CONSIDERATION of this application was adjourned to the following day, i.e., 15th January, 1966. On that day, the Court passed the following order: