MAHANT BIHARIDASJI Vs. PARSHOTTAMDAS RAMDAS

JUDGEMENT

(1.) This application is made to us under Section 622 of the Civil P. C., and it arises out of an application made to the Subordinate Judge under Section 373 of the Code.

(2.) The whole difficulty arises from the omission to observe what are the precise provisions of Section 373. It contemplates a withdrawal not of the suit but from the suit, and such a withdrawal may be either with or without liberty to bring a fresh suit. If a party desires to withdraw from the suit with such liberty, then he must apply to the Court to permit him so to withdraw. If he does not desire to have that liberty, then he can withdraw of his own motion and no order of the Court is necessary.

(3.) Now in this case the Subordinate Judge has passed an order in these terms; The suit may be withdrawn. No permission need be granted as the amount in dispute is very small compared with the main corpus of the endowment. Plaintiff is to bear all costs and to pay all costs. No special reason is shown to depart from the usual rule".