BHAGWAN DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD the counsel for the parties.

(2.) THE precise question in this revision petition is that the plaintiffs had not given a notice under Section 80, Code of Civil Procedure, and, for that reason, an application was filed to withdraw the suit with permission to file a new suit on the same cause of action. From the narration recorded by the Additional Senior Sub Judge on 3. 5. 1995, it is apparent that the counsel for the plaintiffs wanted permission to withdraw the suit with permission to file fresh suit on the same cause of action. The learned trial Court, however, dismissed the suit as withdrawn without recording permission to file fresh suit on the same cause of action.

(3.) THE learned counsel for the defendant-State of Punjab has informed that he has no instructions.