GLASS PALACE Vs. INDUSLND BANK LTD. AND ANR.

JUDGEMENT

(1.) PLAINTIFF M/s Glass Palace has filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 31.3.2008, Annexure P/l, passed by learned Civil Judge (Junior Division), Chandigarh.

(2.) THE petitioner filed suit against the respondents. During pendency of the suit, the petitioner moved application under Order 23 Rule 1(3) of the Code of Civil Procedure (in short, CPC) for permission to withdraw the suit with liberty to file fresh one on the same cause of action on account of alleged formal defect in the suit. It was alleged that the defendants had raised preliminary objection in the written statement and in view thereof, the plaintiff be permitted to withdraw the suit with liberty to file fresh one on the same cause of action.

(3.) THE learned trial court vide impugned order dated 31.3.2008, Annexure P/l, declined the permission to the plaintiff to file fresh suit on the same cause of action but dismissed the pending suit as withdrawn. Feeling aggrieved, the petitioner has filed the instant revision petition. I have heard learned Counsel for the parties and perused the case file.