S DANGAICH Vs. GAYATRI VAISH

JUDGEMENT

(1.) WITH the consent of both the parties, the revision petition is disposed of at this stage.

(2.) THE petitioner has filed this revision petition against the order of the Addl. Munsif and Judicial Magistrate (2), Jaipur City, Jaipur dated 3 -9 -1982 by which he allowed the application of the non -petitioner for withdrawing the application for withdrawal of the suit.

(3.) MR . Bhandari, learned Counsel for the petitioner argued that once an application for withdrawal of the suit has been filed in the Court no order on that application is necessary. Once the application is filed for withdrawal of the suit, the suit is deemed to be withdrawn and dismissed. The second application for withdrawal of the suit is, therefore, not maintainable. In support of his arguments, he referred the case of Banarasidas and Anr. v. Mohd. Shofi and Anr. 1983 RLR 326.