JUDGMENT :

Anil Kshetarpal, J.

1. The defendants assail the correctness of the trial court’s order dated 07.03.2020 while permitting the plaintiff to withdraw the suit with permission to file a fresh one on the same cause of action. On 06.04.2015, the plaintiff (respondent herein) filed a civil suit for the grant of decree of declaration that out of 1/7th share of deceased Ram Chander, the plaintiff, defendant no.1 and proforma defendant no.3 and 4 are having some share in the property. After a passage of nearly 5 years, the plaintiff filed an application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’) for permission to withdraw a suit in order to file a fresh one. The same has been allowed with the following order:-

“I have heard the learned counsel for the parties and gone through the case file very carefully. With the present application, applicant/plaintiff wants to withdraw the present suit with permission to file fresh suit. After going through the submission made by both parties, case court is of the considered view that no prejudice is going to be caused to defendants if the present application is allowed. Hence, the present app