SUMAN AGGARWAL Vs. MUNICIPAL COUNCIL AND ANOTHER

JUDGEMENT

(1.) The moot question that falls for consideration is whether the petitioner after filing a suit and thereafter having withdrawn the same with liberty to file a fresh suit on the same cause of action can be permitted to file the instant writ petition. However, before considering the question, certain admitted facts are needed to be noticed.

(2.) The petitioner filed a suit claiming therein the following relief:-

(3.) The suit was contested by the respondents, who had been arrayed as defendants by filing written statement. The petitioner even filed replication. However, before the suit could be taken to its logical end, the plaintiff filed an application under Order 23 Rule 1(3) read with Section 151 of the Code of Civil Procedure (for short =CPC') with a prayer to allow the petitioner to withdraw the suit with liberty to file a fresh suit on the same subject matter and on the same cause of action. The reason for filing the said application was spelt out in paras No.2 to 4 of the application which read thus:-