Ram Krishna vs Ram Kirpa - 1912 Supreme(All) 141

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1912 Supreme(All) 141

GEORGE KNOX
Ram Krishna – Appellant
Versus
Ram Kirpa – Respondent

JUDGMENT

George Knox, J. - This application for revision arises out of an order passed by the District Judge of Banda. The suit in which the order was passed was a suit for sale brought on the foot of a mortgage, dated the 24th of January 1901. The mortgage was one by one Rao Mohan Prasad in favour of one Ram Sahai. The contention of the plaintiff was that the defendants had benefited by the loan and were, therefore, liable. The defendants denied the genuineness of the bond and said that there was no legal necessity. The Court of first instance found that the bond was proved and that there was no legal necessity. Thus, the two main points, which bad been put in defence, had been tried out by the Court of first instance. The plaintiffs went in appeal but before the decision of the appeal, they put in a petition to withdraw the suit. The application contains no reason whatever beyond these vague words, for some defects the suit cannot proceed further. No allegation was made what those defects were. The District Judge passed the following order: "The plaintiff applies for permission to withdraw. He is accordingly permitted to withdraw with liberty to file a fresh suit if not otherwise

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