VIDYA SAGAR Vs. AMITA WALIA AND ORS.

JUDGEMENT

(1.) Petitioner has challenged the order dtd. 22/11/2018 passed by Additional District Judge, Patiala vide which the application filed by the petitioner under Order 23 Rule 1(3) read with Sec. 151 CPC for withdrawal of the suit at the appellate stage was dismissed.

(2.) Perusal of the record would show that plaintiff/petitioner filed a suit for permanent injunction, restraining the defendants from alienating, mortgaging or creating any charge over the suit property.

(3.) The suit was dismissed vide judgment and decree dtd. 27/2/2015 passed by Civil Judge (Junior Division), Patiala. Thereafter, appeal was filed before the Lower Appellate Court and an application was filed under Order 23 Rule 1(3) read with Sec. 151 CPC for seeking leave of the Court to withdraw the original suit with a liberty to institute fresh suit on the same cause of action.