Ajay Kumar Mittal, J.

1. The challenge in this revision petition is to the order dated 28.1.2002 passed by the Additional Civil Judge, (Senior Division) Bhiwani.

2. The facts leading to the controversy raised in the revision petition deserve to be noticed first:

3. The plaintiff-Shree Sanatan Dharam High School, instituted a suit (suit No. 536 of 1987) for permanent injunction as well as for declaration that the defendants, Bijay Kumar and others were not the duly elected members of the Governing Body of the said school nor had they any right or concern whatsoever to interfere in the working of the school. On 5.2.1988, defendants filed counter claim in the said civil suit. The reply to the counter claim was filed by the plaintiff-respondent on 30.5.1988. The issues in the suit were framed on 28.4.1989. The plaintiff concluded its evidence on 4.1.1996. When the suit was at the stage of evidence of the defendants, the plaintiff moved an application on 17.1.1996 for permission of the court to withdraw the suit. The trial Court recorded statement of the counsel appearing for the plaintiff on the same day. The proceedings were, however, deferred to 23.1.1996 for consideration. O