JOGINDER SINGH Vs. SURINDER PAL

JUDGEMENT

(1.) Instant petition filed under Art. 227 of the Constitution of India, lays challenge to order dated 18.4.2018 passed by learned Senior Civil Judge Nadaun, District Hamirpur, Himachal Pradesh, whereby an application under Order XXIII, rule 1(3) read with S.151 CPC, seeking therein permission to withdraw the suit with liberty to file afresh, came to be dismissed.

(2.) Having heard learned counsel for the parties and perused the material available on record, this Court finds that the petitioner/plaintiff (hereinafter, 'plaintiff') filed a suit for declaration to the effect that the parties to the suit are Whether reporters of the Local papers are allowed to see the judgment? .

(3.) Aforesaid prayer came to be resisted by the defendant, who claimed before learned Court below that the plaintiff was fully aware of the fact that Smt. Asha Devi was not having any authority to defend the suit on behalf of her husband, as such, application at this stage, cannot be allowed. Besides above, defendant also claimed that since suit is fixed for final orders, application in question cannot be allowed to be filed at this belated stage.