SUSHIL KUMAR Vs. SH GOSHALA

JUDGEMENT

(1.) This revision is directed against the order dated 8.2.1992 of learned Sub Judge, Ist Class, Sirsa.

(2.) Sushil Kumar filed a suit against Neki Ram etc. being civil suit No. 1486 of 1991, for permanent injunction restraining the defendants from interfering in his possession over the property in dispute as fully detailed in the head note of the plaint.

(3.) During the pendency of the suit, the plaintiff moved an application under Order 23, Rule 1 of the Code of Civil Procedure seeking permission to withdraw the suit with liberty to file a fresh suit on the same cause of action. The application was opposed, Trial Court while disposing of this application, came to the conclusion that application under Order 23 Rule 1 of the Code cannot be granted as no formal defect has been pointed out in the suit and in any case, the petitioner could amend his plaint by moving application under Order 6 Rule 17 of the Code. The application was consequently dismissed. However, while disposing of the application, suit No. 424-C of 1992 which the plaintiff had also filed during the pendency of the earlier suit was also ordered to be dismissed being not maintainable. Not only this, the stay application moved by the plaintiff for ad interim relief in the second suit was also ordered to be dismissed. It is this order which is under challenge in this revision petition.