BAKHTWAR SINGH Vs. BLOCK DEVELOPMENT AND PANCHAYAT OFFICER

JUDGEMENT

(1.) This revision is directed against the order dated 5.12.1998 passed by learned Civil Judge (Junior Division), Mansa. The application filed by the plaintiff for permission to withdraw the suit with liberty to file a fresh one on the same cause of action, was partly allowed by the learned Judge. The suit was dismissed as withdrawn while declining leave to file a fresh suit on the same cause of action.

(2.) It has been argued on behalf of the petitioner that the learned trial Court has fallen in error of jurisdiction in not granting the leave prayed for. In alternative, it is submitted that learned trial Court could not have accepted the application partly. In other words, it either ought to have dismissed the application, as a whole, or granted the entire relief prayed for.

(3.) In order to appreciate the merits of these contentions, reference to basic facts would be necessary. A suit for declaration and permanent injunction was filed by Bakhtawar Singh, Ex. Sarpanch, Gram Panchayat, Mansa Khurd. The challenge herein is to the order passed by Director Rural Development, Panchayat dated 4.10.1993 declaring a sum of Rs. 1,38,881/- as arrears of land revenue recoverable from the plaintiff. It is stated that the said order and notices etc are illegal, nonest and the defendants in the suit should be restrained from recovering the same. The suit was contested by the defendants. During the pendency of the suit an application was filed by the applicant-plaintiff which was opposed by the defendants in the suit. It has come on record that during the pendency of the suit the plaintiff had filed an application under Order 6 Rule 17 of the Code of Civil Procedure praying for amendment of plaint. This application was allowed subject to payment of Rs. 2,000/- as costs and the State Government of Punjab through District Collector, Mansa was permitted to be added as defendant with the relevant averments made in the plaint. At this stage the following observations of the learned trial Court would be relevant to be noticed.