M S HODA Vs. DIPTI MUKHERJEE

JUDGEMENT

(1.) This Civil Revision Application is against the order dated 11.10.04 passed by the learned Sub-Judge VII, Ranchi in Title Suit No. 241 of 2001 whereby the learned court below has permitted the plaintiff to withdraw the Title Suit No. 241 /01. The petitioner was the Defendant No. 1 and he had appeared and contested the suit claiming his own independent right and title in the suit land. In his written statement he had, inter alia, taken the ground that the suit cannot proceed further in view of the pendency of previous instituted Title Suit No. 35 of 1990 in the court of Munsif, Ranchi with respect to the same property. The petitioner had also contested the title of the plaintiff.

(2.) From perusal of the record, it appears that the Plaintiff/Opposite Party had tiled the suit praying relief, inter alia, for declaration of her right and title in the suit property and for perpetual injunction restraining the defendants from interfering with the plaintiffs' possession. The plaintiff subsequently filed an application praying for permission to withdraw the suit unconditionally. The Defendant No. 1/Petitioner thereafter filed a petition under Order 23 Rule 1A of the C.P.C. praying therein for his transposition as a plaintiff in place of the original Plaintiff Dipti Mukherjee. By the impugned order, the learned court below has permitted the plaintiff to withdraw the suit filed by the plaintiff and rejected the Defendant No. 1- Petitioner's Petition praying for his transposition as a plaintiff in place of the present Defendant No. 1.

(3.) It is the admitted case of the parties that Title Suit No. 35/90 is pending in the court of the Munsif involving almost the same issues, which arise for adjudication in T.S. 241/2001. The petitioner had himself taken a ground in his written statement that in view of the pendency of the said earlier suit T.S. No. 241/2001 is liable to be stayed under the provision of Section 10 of the C.P.C.