RATTAN LAL Vs. SHRIMATI TABBO

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 9. 3. 1984 of Senior Sub Judge, Ferozepur.

(2.) SMT . Tabbo widow of Sahib Singh filed a suit for possession of House No. 1854 in village Jalallabad West, District Ferozepur. Precisely the case of the plaintiff was that she was a tenant in the demised premises and was forcibly dispossessed. She consequently sought restoration of the possession. The defendants-petitioners denied the allegations and pleaded that defendant No. l got possession of the house from the plaintiff on payment of some consideration and then sold the premises to the petitioners. The case was at the stage of arguments after the parties closed their evidence, when plaintiff moved an application under Order XXIII Rule 1 Civil Procedure Code seeking permission to withdraw the suit to file a fresh one on the same cause of action. It was inter alia pleaded she could not plead restoration of possession for specific portion of demised premises and also could not prove the site plan and in the absence thereof, she may be loose the suit and consequently prayed withdrawal of the same with permission to file fresh suit on the same cause of action.

(3.) IN the facts and circumstances of the case and keeping in view the fact that even if the plaintiff has given boundaries of demised premises, it was open to her to seek amendment of the plaint and if permission had been granted, obviously, she would have been granted permission to lead additional evidence on amended issue after amendment of the plaint. Plaintiff did not choose to do so and only sought permission to withdraw the suit without showing to the satisfaction of trial Court a formal defect in the plaint and dismissal of the suit on that ground.