JUGAL KISHORE Vs. RAM BUX

JUDGEMENT

(1.) THIS is a revision petition by the defendant Under Section 115, C.P.C. against the order dated December 16, 1978, passed by the Additional Munsif, Bhilwara, by which he allowed the plaintiff -non -petitioners to withdraw the suit with permission to file a fresh suit.

(2.) THE plaintiff -non -petitioners instituted a suit for ejectment against the tenant -petitioner on the ground of material alteration. The written statement was filed contesting the suit. When the case was fixed for final arguments, the plaintiff -non -petitioners submitted an application on Nov. 11, 1978 praying that they may be permitted to withdraw the suit, for the suit was in respect of the trust -property and all the trustees having not been joined as the plaintiffs, it suffers from the formal defect and, so, permission may be granted for bringing a fresh suit in respect of the same subject matter. The learned Additional Munsif by his order dated December 16, 1979, permitted the withdrawal of the suit with permission to file a fresh suit. Aggrieved, the defendant -petitioner has filed this revision.

(3.) LEARNED counsel has placed the copy of the withdrawal application dated November 11, 1978, for my perusal. It will be useful here to reproduce paras 1, 2, and 3 of the application and also the prayer made therein. They are as under: .........[vernacular ommited text]........... A perusal of para 2 of the application, shows that it has been stated by the plaintiffs that as suit relates to possession of the trust -property, all the trustees are necessary parties and in their absence, the suit cannot proceed.