SHRI RAM LUBHAYA Vs. KANSHI RAM

JUDGEMENT

(1.) This revision petition is directed against an order of the learned Subordinate Judge, First Class, Ludhiana, permitting the plaintiff to withdraw the suit with liberty to file a fresh suit. Though the learned Subordinate Judge has stated that there was formal defect in the suit, he has not chosen to the mention what that formal defect is. The application filed in the lower Court for withdrawal also refers to alleged inherent defects in the plaint, but does not mention what those defects are. The order of the learned Subordinate Judge is, therefore, set aside and he is directed to reconsider the matter and apply his mind to the provisions of Order 23, rule 1, Civil Procedure Code. If there are any formal defects which would entail a dismissal of the suit, he should mention them in his order. The civil revision is accordingly allowed. No costs.

(2.) The parties will appear before the trial Court on 20-12-1976.