Alok Singh, J.

1. Present petition is filed challenging order dated 1.2.2008 passed by the Civil Judge, Junior Division, Kurukshetra, as well as the judgement and order dated 5.11.2008 passed by the Additional District Judge, Kurukshetra, whereby suit of the plaintiff was dismissed under Order 23 Rule 1(4) (b) CPC on the ground that the plaintiff had earlier filed suit for declaration, declaring the impugned sale deed void, which was got dismissed as withdrawn vide order dated 13.6.2006 without any further liberty to file a fresh suit on the same cause of action.

2. Mr. Arun Palli, Sr. Advocate assisted by Mr. S.S. Dinarpur, Advocate argued that earlier suit was withdrawn because plaintiffs were made to understand that the matter can be resolved in the Panchayat. He further argued that thereafter nothing was decided by the Panchayat and fraud was played on the plaintiffs, hence, necessity arose for the plaintiffs to file fresh suit. He states that since withdrawal order was outcome of fraud, hence, the plaintiffs are at liberty to file an application under Section 151 CPC before the trial Court for recalling the order dated 13.6.2006, in view of the judgement of the Apex Co