BHALESINGH Vs. KARNARAM

JUDGEMENT

(1.) Learned counsel for the petitioner submits that the petitioner/plaintiff had preferred a Civil Original Case No.118/2017 before the learned Civil Judge, Jalore, wherein, an application was filed by the petitioner-plaintiff seeking withdrawal of the suit with liberty to file fresh with new averments.

(2.) Learned counsel for the petitioner further submits that the learned trial Court vide order dtd. 12/9/2023 (Annexure-5), permitted the petitioner to withdraw the suit however, the liberty to file fresh suit was not granted to the petitioner.

(3.) Learned counsel places reliance upon the order dtd. 16/6/1988 passed by the Himachal Pradesh High Court in the case of Hans Raj Akrot Vs. State of Himachal Pradesh. The relevant portion is reproduced hereunder:-