ZUMLA ZAMIDARAN Vs. ZUMLA ZAMIDARAN

JUDGEMENT

(1.) DEV Darshan Sud, J. This petition has been preferred by the defendant against the order passed by the learned trial Court granting permission under Order 23, Rule (1) 3 of the Code of Civil Procedure (hereinafter referred as to the CPC) to the plaintiff to withdraw the suit preferred by the plaintiff-respondent. Before the learned trial Court, it is pleaded by the plaintiff that the suit out of which these proceedings 1 Whether Reporters of Local Papers may be allowed to see the judgment? Yes. arise. in order to comply with the order passed by this Court on 5.8.2011, the plaintiff/applicant has filed an application under Section 151 of the Code of Civil Procedure (CPC for short) seeking permission to file the latest revised list of the right holders of Village Apka, to whom notice under Order 1, rule 8 of the CPC were to be served and the conditions therein complied with. The material part of the pleadings is that in case notice is allowed to be served on the right holders of Village Apka as on 26.6.1987, subsequent to that date many new right holders having subsisting rights have replaced those who are there in 1987 and some of the right holders have already expired. In this event, there being a formal defect, the suit be allowed to be withdrawn.

(2.) APPLICATION was resisted by the respondent on the ground of maintainability as the suit was filed under the provisions of Order 1, rule 8 (4) of the CPC in a representative capacity and cannot be allowed to be withdrawn.

(3.) HE also places reliance upon the decision in G. Christhudas and another versus Anbiah (dead) and others, (2003)3 SCC 502 holding: