MAYA DEVI Vs. MAHESH CHANDRA SHARMA

JUDGEMENT

(1.) THE petitioners are aggrieved by the order dated 14.2.2014 passed by the Additional Civil Judge (Jr. Div.) No. 2, Dholpur whereby the application filed by the petitioners under Order 23, Rule 1 CPC for withdrawal of the counter claim with liberty to file a fresh suit has been partly rejected. While the learned Magistrate has permitted the petitioners to withdraw their counter claim, she has not granted the permission for filing a fresh suit, as sought by the petitioners.

(2.) THE brief facts of the case are that the respondent -plaintiff filed a civil suit for declaration and permanent injunction against the petitioners -defendants before the learned trial court. The petitioners filed their joint written statement and counter claim before the learned trial court. During pendency of the suit and the counter claim, the petitioners filed an application under Order 23, Rule 1 CPC seeking permission to withdraw their counter claim with liberty to file a fresh suit in respect of subject matter of the counter claim. By order dated 14.2.2014, the learned Magistrate has partly allowed the application filed by the petitioners. While the learned Magistrate has permitted the petitioners to withdraw their counter claim, she did not grant permission to file a fresh suit. Hence, this petition before this court.

(3.) HEARD the learned counsel for the petitioners and perused the impugned order.