JUDGMENT

Amol Rattan Singh, J.(Oral) - By this petition, the petitioner challenges the order of the learned trial Court [Civil Judge (Junior Division), Pathankot], dated 30.05.2015, by which the application filed by the respondents-plaintiffs under Order 23, Rule 1 (3) CPC, seeking to withdraw the suit and file a fresh one by removing what is termed therein as a formal defect in the pleadings, has been allowed, and the respondents plaintiffs granted permission to withdraw the suit and to file a fresh one on the same cause of action

2. Learned counsel for the petitioner submits that the respondents plaintiffs had earlier filed an application under Order 6, Rule 17 CPC, for amendment of the plaint, which had been dismissed by the trial Court. In that application, the plaintiffs had contended that due to illegal excavation of the earth, for construction of a building by the petitioner, damage had been caused to the building of the plaintiffs (as contended), and therefore the suit may be allowed to be amended, to seek damages for the loss caused to the plaintiffs.

3. That application was dismissed by the learned trial Court on 27.01.2015 (a copy of the order being Annexure P-4), with th