AMIN CHAND AND OTHERS Vs. LIKHMAN AND OTHERS

JUDGEMENT

(1.) THIS petition for revision is directed against the order of the Additional District Judge, Hissar, permitting withdrawal of the suit at the stage of appeal with liberty to file a fresh suit.

(2.) IN a contest in the trial Court, the plaintiff's suit was dismissed. The plaintiff preferred an appeal to the Court of the District Judge which was heard by the 'Additional District Judge; and instead of disposing the appeal on merits, a short circuit was adopted; and the appeal was concluded by giving permission to the appellant to withdraw the suit with liberty to file a fresh suit. This sort of practice has to be deprecated. No reasons have been recorded for the withdrawal of the suit; and the order of the learned Judge is entirely perfunctory. The statement of the counsel for the plaintiff, on the basis of which the suit was withdrawn, may be set out to demonstrate, how casually the provisions of Order 23, Rule 1, Civil Procedure Code, have been used. The statement is as follows:

(3.) I accordingly allow this petition; quash the order of the learned Additional District Judge and remit the appeal to him for decision on merits. The costs will abid the event. The parties are directed to appear in the lower appellate Court on the 3rd March, 1969.