1985 Supreme(MP) 388

R. K. Vijagwagiya, J.
Manoharpuri v. Girdhari,
C. R. No. 475 of 1983 (I); Decided on 12-8-1985.

Headnote:Civil P. C., 1908 -- O. 23, R. 1 -- permission to withdraw suit granted -- defendant not filed written statement -- cannot challenge the order because he is not aggrieved party.

        The plaintiffs-non-applicants tiled the present suit for declaration of their title to the suit agricultural land and for permanent injunction. Subsequently, the plaintiff No. 1 submitted an application for permission to withdraw the suit with leave to tile a fresh suit. That application was allowed by the trial Court and the plaintiffs were permitted to withdraw the suit with leave to file a fresh suit. Aggrieved by the order passed by the trial Court, the defendant has submitted this revision.

        Held : The learned counsel for the applicant contended that no ground under order 23, rule 1 CPC is made out and therefore the trial, Court has acted illegally in exercise of jurisdiction vested in it by law in permitting the plaintiff to withdraw the suit with leave to file a fresh suit.

        However, the learned counsel for the applicant was unable to point out, that the defendant would suffer irreparable injury if the impugned order is allowed to stand more particularly when the defendant had not filed written-statement in the present suit. I, therefore, see no reason to interfere with the order passed by the trial Court. Revision dismissed.