BHARAT BHUSHAN Vs. KAMAL SINGH

JUDGEMENT

(1.) Petitioner has challenged the order dated 12.10.2017 passed by the Additional District Judge, Narnaul, vide which application for withdrawal of the suit at appellate stage was allowed.

(2.) Plaintiff-respondent No.1 filed a suit for permanent injunction against the petitioner and Naresh Chand before the trial Court. The suit was dismissed vide judgment and decree dated 26.11.2014. Against the aforesaid judgment and decree, appeal was preferred before the Additional District Judge, Narnual. During pendency of the appeal, an application was filed without mentioning any provision of law for withdrawal of suit and appeal with permission to file a fresh suit on the same cause of action. Vide the impugned order the permission was accorded by the lower Appellate Court, allowing the plaintiff to withdraw the suit with liberty to file a fresh suit on the same cause of action.

(3.) Perusal of record would show that the permission has been given and the said permission in a way has taken away the rigour of judgment and decree passed by the trial Court on merits. No inherent defect was projected before the Appellate Court in terms of Order 23 Rule 1 CPC.