KULWANT SINGH AND ANOTHER Vs. NAGAR PANCHAYAT BHUNTAR

JUDGEMENT

(1.) Despite service none has come present on behalf of the respondent Nagar Panchayat Bhuntar and as such, it is ordered to be proceeded against ex-parte.

(2.) Being aggrieved and dissatisfied with the impugned order, dated 11.4.2018, passed by learned Senior Civil Judge, Lahaul-Spiti at Kullu, Himachal Pradesh, whereby an application filed by the petitioners ( for short plaintiffs ) under Order 23, Rule 1 read with section 151 of the Code of Civil Procedure, for withdrawal of the suit with liberty to file afresh, has been dismissed, petitioners-plaintiffs have approached this Court in the instant proceedings filed under section 115 of the Code of Civil Procedure, praying therein to quash and setaside the impugned order, dated 11.4.2018.

(3.) Though, having perused the impugned order dated 11.4.2018, passed by learned court below, this Court does not find any illegality and infirmity in the same, rather same appears to be based upon correct appreciation of facts as well as law. However, taking note of the fact that learned counsel representing the plaintiffs below filed an application under Order 23, Rule 1 CPC in most casual manner without averring reasons therein, if any, for withdrawal of the suit under the provisions contained under Order 23, Rule 1 CPC, this Court is of the view that litigant should not suffer for the fault, if any, of the lawyer representing him and as such, without going into the merits/correctness of the impugned order, passed by the learned court below, this Court deems it fit to grant one opportunity to the plaintiffs to move application afresh, if any, for withdrawal of the suit under Order 23, Rule 1 CPC, specifically stating therein reasons for withdrawal/abandonment of the suit. No prejudice shall be caused to the opposite party, who otherwise chose not to remain present in this Court despite service, because it shall get an opportunity to contest the claim of the plaintiff by way of filing reply.