CHANDER AND OTHERS Vs. GULZARI LAL AND OTHERS

JUDGEMENT

(1.) THE plaintiff respondents had instituted the Civil Suit out of which the present proceeding arises, way back on the 12th of February, 1975. After a protracted trial extending over more than there years, the matter reached culmination and arguments were heard in the fore noon at great length for more than an hour and a half (as noticed by the trial Court itself) and the case was posted for orders after lunch, on the 4th of March, 1978. It was then that the respondents chose to move an application seeking to withdraw the suit with permission to file a fresh suit, on the same cause of action. This was allowed by a brief order which is under revision.

(2.) NOW the material part of Order 23, Rule of the Civil Procedure Code under which the order of the trial Court has been passed is in the following terms :

(3.) WE accordingly allow this revision and set aside the order under revision. The learned trial Judge shall proceed to decide the case on merits expeditiously, as already considerable delay has occurred owing to the pendency of this revision petition. Parties to appear before the trial court on the 3rd of September, 1979.