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PUNJAB & HARYANA HIGH COURT
Hemant Gupta, J.
Blawinder Singh
Versus
Manod Singh
C.R. No. 3030 of 1992,
Decided On : APRIL 19, 2006
Withdrawal of Suit - Formal Defects - The court declined the plaintiff's application for withdrawal of the suit with permission to file a fresh one on the same cause of action due to alleged formal defects, which the court found could be rectified in the present suit by joining a party and seeking an amendment of the plaint.
Fact of the Case:
The plaintiff-petitioner filed an application for withdrawal of the suit with permission to file a fresh one on the same cause of action due to formal defects, which was dismissed by the trial court.
Finding of the Court:
The trial court found that the alleged formal defects could be rectified in the present suit by joining a party and seeking an amendment of the plaint, and declined the permission to withdraw the suit.
Issues: The main issue was whether the alleged formal defects in the suit warranted withdrawal of the suit with permission to file a fresh one on the same cause of action.
Ratio Decidendi: The court held that the alleged formal defects could be rectified in the present suit by joining a party and seeking an amendment of the plaint, and thus declined the permission to withdraw the suit.
Final Decision: The petition for withdrawal of the suit with permission to file a fresh one was dismissed by the court.
1. The challenge in the present revision petition is to the order dated 10.10.1992, whereby an application filed by the plaintiff-petitioner for withdrawal of the suit with permission to file a fresh one, on the same cause of action for the reason of formal defects in the suit, was dismissed.
2. The learned trial Court has found that the alleged formal defects are not such, which cannot be rectified in the present suit. It has been pointed out that Harpal Singh vendee from Malkiat Kaur, has not been impleaded in the suit. It has been also found that he can be joined in proceedings as a party by seeking amendment of the plaint. Still further, it has been found that Malkiat Kaur has sold some part of the suit land vide registered sale deed dated 6.11.1987. The sale deed was produced in Court on 2.8.1991 and the application was filed on 1.10.1992.
3. The reasoning given by the learned trial Court declining the permission to withdraw the suit, cannot be said to be suffering from any patent illegality or irregularity which may warrant interference by this court in exercise of its revisional jurisdiction. Hence, the present petition is dismissed.
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