JADU MANI BOISTABEE Vs. RAM KUMAR CHAKRAVARTI

JUDGEMENT

(1.) This is a rule, calling upon the opposite party to show cause why the order of the Court below, complained of by the petitioner, should not be set aside.

(2.) It appears that the plaintiffs, who are the opposite parties in this rule, brought a suit against the applicant in the Calcutta Small Cause Court, and the suit was dismissed. The plaintiffs, opposite parties, then made an application for a new trial, which was granted, the suit being allowed to be withdrawn under Section 373, C. P. C. with liberty to bring a fresh suit upon the same cause of action. The present rule was granted to show cause why this order should not be set aside. The grounds upon which the application was made are (i) that the order of the Small Cause Court Judges does not disclose any ground, such as is referred to in Section 373, C. P. C. upon which permission to withdraw the suit with liberty to bring a fresh suit upon the same cause of action has been granted; and (ii) that as in granting the new trial the Court of Small Causes was exercising its revisional and not its original jurisdiction, it had no authority to allow the suit to be withdrawn under Section 373.

(3.) In our opinion there is no force in either of these contentions.