JUDGMENT - 1. This is a revision application filed by the original plaintiff against an order passed by the learned Civil Judge (J.D.) Poona, on 16th October 1970 holding that the plaintiffs suit stand withdrawn, without liberty to file a fresh suit. The present suit was filed by the plaintiff to challenge a notice issued by the defendant-Corporation cancelling his licence to carry on business. In the Written Statement, a plea was raised that the suit was not maintainable without the requisite statutory notice under Section 487 of the Bombay Provincial Municipal Corporation Ct. In view a written application dated 16th October 1970 for permission to withdraw the suit with liberty to file a fresh suit under Order 23, Rule 1 (2) of the code of Civil Procedure. On that application, the defendants reply was endorsed in the usual manner stating, inter alia, that the defendant-Corporation did not press the point of want of notice under Section 487. On that, the learned Judge of the Court below made an order in which, after setting out the course the litigation had taken and the conduct of the plaintiff, he came to the conclusion that the intention of the plaintiff was to harass the defend

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