JUDGMENT :

Ajay Mohan Goel, J.

By way of this appeal, the appellant has challenged the judgment and decree passed by the Court of learned District Judge, Chamba, in Civil Appeal No. 56 of 2003, dated 09.01.2004, whereby, learned Appellate Court while dismissing the appeal filed by the present appellant, upheld the judgment and decree passed by the Court of learned Sub Judge 1st Class, Chamba, in Civil Suit No. 50 of 2000, dated 20.05.2003, vide which learned trial Court had dismissed the suit so filed by the present appellant.

2. This appeal was admitted on 10.03.2005 on the following substantial question of law:-

“Whether the order dated 14.3.2000 permitting respondent No. 2 to withdraw the suit for partition without notice to the plaintiff-appellant, is legally sustainable in view of provisions of Order 23 Rule 2-A of the Code of Civil Procedure?”

3. Brief facts necessary for adjudication of this appeal are as under:-

Appellant/plaintiff (hereinafter referred to as 'plaintiff’) had filed a suit for declaration and permanent prohibitory injunction against the defendants pleading the