MAHESH CHANDRA, J. (Oral)

( 1 ) THIS revision petition is directed against the order dated 29th August, 1988 of Shri M. K. Gupta, Sub Judge, 1st Class, Delhi whereby application filed by the plaintiff that "the plaintiff be allowed to withdraw the suit in the interest of justice with permission to file fresh suit for fair trial of the matter under controversy" was dismissed and it was further directed that the suit be also dismissed as withdrawn. Feeling aggrieved this revision petition has been filed.

( 2 ) THE facts giving rise to this petition are that plaintiff Smt. Raj Bala alleging herself to be the tenant of predecessor-in-interest of the respondent had filed a suit for injunction to restrain them from in any manner interferring with her possession or dispossessing her except in due course of law. The plaint in the said suit was later amended by the petitioner-plaintiff under Order 6 rule 17 Civil Procedure Code and the application for withdrawal was filed thereafter.

( 3 ) THE impugned order had been passed as the learned trial court had come to the conclusion that the plaintiff-petitioner had failed to bring out any formal defect on account of which the suit was likely to f

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