RAGHUBIR SINGH Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) CHALLENGE in the present petition is to the order passed by the learned court below, whereby the application filed by the respondent for dismissal of the suit on account of the fact that an earlier suit filed by the petitioner -plaintiff had been withdrawn without permission to file fresh one, was allowed and the suit was dismissed.

(2.) BRIEFLY , the facts are that the petitioner filed a suit bearing No. 194 of 2002 for injunction on the same cause of action and during the pendency thereof, subsequent suit under consideration bearing No. 104 of 2005 was filed on 16.07.2005. The earlier suit was withdrawn on 19.07.2005 after the filing of the suit in 2005. It was in these facts that the respondent -defendant filed an application before the court below for dismissal of the suit considering the provisions of Order XXIII Rule 1(4) and Order II Rule 2 of the Code of Civil Procedure (for short, 'the CPC'). The court finding merit in the submissions of the respondent -defendant dismissed the suit.

(3.) ON the other hand, Learned Counsel for the respondent submitted that the petitioner is merely harassing the respondent -defendant. He filed first suit in 2002. Thereafter, in 2003 by adding some more prayer, another suit was filed. In 2005, third suit was filed. Thereafter, the first suit was withdrawn where no permission was taken for filing a fresh suit. Accordingly, the fresh suit was not maintainable. He further submitted that if this process is allowed to be continued, the petitioner shall continue to file suit after suit after withdrawing the previous one. This is not the spirit of law. This will not only amount to multiplicity of litigation but would lead to sheer harassment to the opposite party. Reliance was placed upon Raja Ram of Hisar v. Ram Karan & Ors.,, 1991 HRR 24 (P&H) and Smt.Parkash Kumari v. Balwant Singh & Ors.,, 2005 (2) CCC 299 (P&H).