PANKAJ SONI Vs. INDER SINGH CHANDEL

JUDGEMENT

(1.) This petition is directed against the order dated 26.7.2011 rendered by the learned District Judge Mandi in Civil Misc. App. No. 197/2011.

(2.) "Key facts" necessary for the adjudication of this petition are that the respondent/plaintiff (hereinafter referred to as the "plaintiff" for the sake of convenience) filed a suit bearing C.S. No.83/2004 for permanent prohibitory injunction against the petitioner/defendant (hereinafter referred to as the "defendant" for the sake of convenience) in the Court of learned Civil Judge (Junior Division), Sundernagar, District Mandi. The suit was dismissed as withdrawn by the learned Civil Judge (Senior Division), Sundernagar on 6.9.2005. Thereafter, the plaintiff filed another suit bearing C.S. No. 158/2006 for specific performance of agreement dated 10.11.2003 in the Court of Civil Judge (Senior Division), Sundernagar. It was dismissed by the learned Civil Judge (Senior Division) Court No.1 vide judgment and decree dated 15.9.2009. The plaintiff filed an appeal against the judgment and decree dated 15.9.2009 before the learned District Judge Mandi. During the pendency of the appeal, the plaintiff filed an application under Order 22 Rule 1 (3) CPC for withdrawal of the suit with liberty to institute a fresh suit. The application was contested by the defendant. Learned District Judge allowed the application on 26.7.2011. Therefore, the plaintiff filed a suit for recovery of Rs.10,000,00/-in the Court of Civil Judge (Senior Division) Court No.1 Sundernagar.

(3.) Mr. Sanjeev Sood, Advocate, has vehemently argued that the civil suit could not be withdrawn.