CHARAN DASS Vs. RAM SAROOP

JUDGEMENT

(1.) Petitioner-Plaintiff Charan Dass (hereinafter referred to as plaintiff) filed an application, seeking permission to withdraw the suit, with liberty to file afresh, pointing out the only defect of not having filed the site plan. Such application, filed under Order 23 Rule 1, read with Section 151 of the Code of Civil Procedure, stands dismissed by the Civil Judge (Senior Divison), Una, District Una, Himachal Pradesh, in terms of impugned order dated 7.6.2016.

(2.) Having heard learned counsel for the parties, as also perused the record, this Court, in exercise of its power, under Article 227 of the Constitution of India, finds no ground to interfere. The order cannot be said to be perverse, erroneous or illegal, in any manner.

(3.) The Apex Court, in V. Rajendran and another v. Annasamy Pandian (Dead) through Legal Representatives Iarthyayani Natchiar, 2017 5 SCC 63, has observed as under: