S L SOMANI Vs. CHAIRMAN RAJASTHAN HOUSING BOARD

JUDGEMENT

(1.) The State Commission while deciding the appeal filed against the order of the District Forum had rejected the complaint on the ground that the subject-matter of the complaint was already sub-judice in the Civil Court in a previously instituted suit - suit No. 100 of 1980 - on the file of the District & Sessions Judge II, Udaipur. The said view taken by the State Commission cannot be said to be erroneous.

(2.) However, we are informed by Counsel appearing for the revision petitioner that the petitioner has already moved a petition before the Civil Court for withdrawal of the said suit and that the said petition is likely to come up shortly for orders before the said Addl. Distt Judge, Udaipur. We consider that in the interests of justice liberty should be reserved to the petitioner to move the District Forum afresh with a fresh complaint petition on the same set of facts and the same cause of action seeking identical reliefs as has been prayed for in the complaint petition which has been dismissed by the State Commission by the order now under appeared in the event of the petition for withdrawal of the Suit being allowed.! A copy of the order passed by the Addl. Distt. Judge permitting the withdrawal of the suit shall be filed along with the fresh complaint petition.

(3.) Subject to the above direction reserving liberty to file a fresh complaint, this Revision petition will stand dismissed. Revision Petition dismissed with direction.