HANS RAJ Vs. STATE

JUDGEMENT

(1.) Plaintiff Hans Raj Akrot filed civil suit No. 497 of 1985 which is pending in the Court of the Sub Judge 1st Class, Amb, in District Una. On being advised that the suit suffered from some legal error, he made an application under O.XXIII, R.1, C.P.C. for permission to withdraw the suit with liberty to file a fresh suit. The learned Sub Judge disposed of this application by an order dated March 14, 1988. He allowed the application partly to the extent that the plaintiff was permitted to withdraw the suit. The learned Sub Judge, however, refused liberty to the plaintiff to file a fresh suit in respect of the same subject matter. In the operative portion the learned Judge directed that the suit of the plaintiff shall stand dismissed as withdrawn. It is this order which is under challenge in the present revision under S.115, C.P.C.

(2.) Notice of the revision was given to the learned Asstt. Advocate General who represents the State of Himachal Pradesh, the sole defendant-respondent. It has been heard finally today.

(3.) Order XXIII, R.1, C.P.C., in its material part, reads thus :"