MANGI LAL Vs. SURESH CHANDRA

JUDGEMENT

(1.) THIS is a revision petition by the defendant against whom the suit has been dismissed, but as withdraw with permission to file a fresh suit.

(2.) THE two grounds on which the withdrawal was claimed related to nonjoinder of the party and also the absence of relief regarding specific performance of contract.

(3.) RELYING on Tarachand Bapuchand vs. Galbihaji Ahmed Bhagwan (6 ). Mr. Jain learned counsel for the respondent has contested the revision petition. He placed reliance on the decision in Shri M. L. Sethi vs. Shri B. P. Kapur (7), in which the scope of Section 11:5 has been discussed.