MUKHTAR AHMAD AND ORS. Vs. HALIMA AND ORS.

JUDGEMENT

(1.) The plaintiff has preferred present revision petition against the judgment and order dated 28th December, 2019 passed by the court of learned 3rd Additional Munsiff Srinagar.

(2.) Briefly stated the material facts of the case are as under:-

(3.) Grievance of the petitioners in the present writ petition is that the relief for withdrawal of the suit was prayed for along-with permission to file a fresh one on the same cause of action and therefore if at all the application had to be decided, the same could not have been decided in peace meals i.e. granting one relief while rejecting the other. It is stated that the plaintiff, if he had known that prayer for filing a fresh suit on the same cause of action was to be rejected, he would not have chosen to withdraw and would continue with the said suit. It is urged that the court below had thus committed an illegality to the extent that while it could have rejected the prayer for filing the fresh suit on the same cause of action, it dismissed the suit as withdrawn.