Kamta Singh vs Bhagwan Das - 1927 Supreme(All) 405

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1927 Supreme(All) 405

ASHWORTH
Kamta Singh – Appellant
Versus
Bhagwan Das – Respondent

JUDGMENT

Ashworth, J. - This is an application in revision against an order of the Munsif of Jaunpur allowing the non-applicant to withdraw his suit with liberty to bring a fresh suit The order of the Munsif is impugned before us on the ground that the Munsif had no jurisdiction to permit the withdrawal of the suit with liberty to bring a fresh suit unless and until he had decided that there was a formal defect in the suit or some other sufficient ground. The order of the Munsif fails to mention the reason why he granted the plaintiff permission to withdraw the suit with liberty to bring a fresh suit. It is permissible, however, in this circumstance to refer to the application of the non-applicant. In that application two grounds were sat out. One was that the success of the suit depended upon proof of a fact which could only be proved by production of a certain cash book, whereas the applicant had only produced a ledger. The second ground was that there were other persons who were necessary parties to the suit. It is unnecessary to decide whether either of these facts would give the lower Court jurisdiction. It is sufficient to say that, in our opinion, the permission, as a matter

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