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1965 Supreme(All) 137

S. C. MANCHANDA, M. C. DESAI
Raisa Sultana Begam – Appellant
Versus
Abdul Qadir – Respondent


Advocates:
Gur Dayal Srivastava, for Appellants; K.C. Agrawal, for Respondents.

Judgement

DESAI, C. J. : This revision is directed against an order passed by a Munsif rejecting an application of Ghufran Ahmad, applicant No. 3 revoking his withdrawal from the suit.

2. The suit was filed in the Court of the learned Munsif by the three applicants; on 5-2-1962 one of them, namely Ghufran Ahmad, made an application stating that he had no dispute left with the defendants opposite parties and praying that his name might be expunged from the array of plaintiffs because he was left with no interest in the subject-matter of the suit. At the time when the application was made, the learned Munsif was away and the application was placed before another Munsif, who ordered it to be laid before the learned Munsif on his return. The application was placed before the learned Munsif on his return and before any orders could be passed on it Ghufran Ahmad filed an affidavit stating that the application had been made by him on account of fraud practised upon him by the opposite parties and that he did not want to withdraw from the suit. The learned Munsif allowed his earlier application holding that once he had withdrawn from the suit he could not resile from the withdrawal and that




































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