SOHAN SINGH Vs. AJIT SINGH

JUDGEMENT

(1.) THIS application is filed by the appellants to permit them to withdraw the suit filed by them.

(2.) THE appellants filed the suit for a declaration that they alongwith defendants 1 and 2 are owners in joint possession of the suit land in equal shares. According to them the suit property was owned by Sadhu Singh and he was father of plaintiffs 1 to 3 and defendants 1 and 2 and husband of plaintiff No. 4. The said Sadhu Singh died on 27.5.1983. Since the defendants are alleging that they are owners of the suit property in dispute on the basis of the Will dated 26.8.1980 said to have been executed in their favour, the plaintiffs filed the suit claiming that the Will is not genuine one and it is a result of fraud played upon Sadhu Singh.

(3.) IN this appeal, the plaintiffs filed an application in C.M. No. 1250 of 1999 to withdraw the suit. The learned Counsel appearing for the respondents-defendants 1 and 2 objected that the suit cannot be permitted to be withdrawn since a valuable right has accrued in their favour. Therefore, the application is liable to be dismissed.