C.Rev.47 of 2015 Page 1 of 8

HIGH COURT OF JAMMU AND KASHMIR

AT SRINAGAR

C. Rev. No. 47/2015

Date of order: 10.11.2017

Ali Mohammad Rather

Versus

Muhammad Ismail Rather and others

Coram:

Hon’ble Mr. Justice Sanjay Kumar Gupta, Judge

Appearing Counsel:

For Petitioner(s):

Mr. W. M. Shah, Advocate

For Respondent(s):

Mr. M. Y. Bhat, Advocate

i)

Whether approved for reporting in Press/Media:

Yes/No

ii)

Whether approved for reporting in Digest/Journal:

Yes/No

___________________________________________________________________________

1.

Petitioner has filed present revision petition against the order of

court below thereby challenging the order dated 3.12.2015, by virtue of

which his application filed under order 23 Rule 1 (3) CPC for

withdrawal of suit with permission to file fresh suit before court, has

been dismissed.

2.

In memo of revision petition it has been stated that the reasons

mentioned for withdrawal of case/suit is on the basis of misjoinder of

parties, contradictory pleading and a vital formal defect due t