SURENDRA SINGH Vs. VIJAI SINGH

JUDGEMENT

(1.) Heard learned counsel for the petitioner. None present for the respondent despite service.

(2.) This revision petition is directed against the order dated 14.12.2004 passed by the learned trial court allowing the application of the plaintiff to withdraw the suit under Order 23 Rule 1 Code of Civil Procedure however, refusing the leave to file fresh suit though prayed for.

(3.) Being aggrieved of the said part of the order, the plaintiff approached this Court. The learned counsel for the plaintiff-petitioner submits that the Court could not split the prayer and refuse the permission to file fresh suit inasmuch as the present suit for specific performance was filed for seeking specific performance of an agreement under which the land in question was agreed to be sold by the defendant to the plaintiff. He submitted that the said land was in fact earlier sold by the plaintiff himself by registered sale deed dated 18.06.1997 with further stipulation that after a certain period the said land in question will be sold back by the defendant to the plaintiff. However, upon his refusal to sell back the said land to the plaintiff, the present suit for specific performance was filed by the plaintiff.