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2014 DIGILAW 335 (PNJ)

Krishan Kumar Sood v. Sneh Latta Sud

2014-02-12

MAHESH GROVER

body2014
JUDGMENT Mr. Mahesh Grover, J.:- The petitioners impugns the order dated 23.12.2013 passed by learned Civil Judge (Jr. Division), Hoshiarpur, by which their prayer for withdrawal of the suit with liberty to file fresh one has been declined. 2. Initially suit was filed by the petitioners in March, 2008 and after 6 years the solitary plea raised by the petitioners for withdrawing the suit was to mention the dimensions of the property differently than the one which was pleaded by them earlier, on the plea that the conveyance deed has come to their possession now. The Court declined this prayer by observing that the matter has been pending for 6 years and such a fact ought to be in the knowledge of the petitioners and, therefore, it would be unwise to permit the withdrawal of the suit with liberty to file fresh one on the same cause of action, more particularly when the parties have spend 6 years in the Court. 3. I am in complete agreement with the reasoning adopted in the impugned order. The parties to the litigation can not take advantage of the laxity on their part and seek withdrawal of the proceedings with liberty to file fresh one. Mere change of dimensions in the suit property could have been achieved otherwise as well by seeking amendment or any other such remedy. The Court is also of the opinion that once the proceedings are initiated then the Court spend considerable time on the issues raised before it and after 6 years with substantial public time would have been consumed, it would be absolutely undesirable to permit the withdrawal of the suit on a flimsy pretext as set down by the petitioners. 4. The petition is dismissed.