IPCA LABORATORIES LTD. Vs. S.K. MEHTA

JUDGEMENT

(1.) THIS revision petition has been filed against the order passed by the learned Civil Judge (Junior Division), Chandigarh vide which the suit filed by the plaintiff-respondents has been ordered to be dismissed as withdrawn with permission to file a fresh suit on the same cause of action. The order passed by the learned court below reads as under :-

(2.) LEARNED counsel for the petitioner contends that the impugned order cannot be sustained in view of the authoritative pronouncement by the Hon'ble Supreme Court in the case of K.S. Bhoopathy and others v. Kokila and others, 2000(3) RCR(Civil) 195 : JT 2000(6) SC 272 wherein Hon'ble Supreme Court has been pleased to lay down as under :-