Anil Saini & Another vs Darshan Lal & 2 Others

Suneet Kumar, J. - The defendant/applicant has approached this Court assailing order dated 26 September 2015 passed by the Revisional Court/Additional District Judge, Court No. 3, Saharanpur in Civil Revision No. 80 of 2015 (Anil Saini and others v. Darshan Lal) arising from an order dated 2 September 2014 passed by the Trial Court in Original Suit No. 243 of 2010 whereby an application under Order 23, Rule 1 (3) of the CPC to withdraw the suit with liberty to file fresh, was allowed.

During the pendency of the application it is contended that the respondent/plaintiff instituted a subsequent suit being Original Suit No. 266 of 2014 (Darshan Lal v. Anil Saini) before the Civil Judge (Junior Division), Hawal Saharanpur.

Submission of the learned counsel for the applicant is that the subsequent suit is an abuse of the process of the Court, as the earlier suit was instituted for cancellation of the sale deed wherein the respondent filed an application to withdraw the same, for the reason that there were formal defects including valuation and court fees.

It is sought to be contended on behalf of the applicant that the subsequent suit seeking declaration and cancellation of the sale deed has again not been valued correctly, further, it is barred by limitation, as such the subsequent suit has been instituted with the same defects to harass the applicant.

On specific query, learned counsel for the applicant would admit that the objection that is being sought to be urged before this Court has not been taken before the trial Court.

In this view of the matter, this Court declines to interfere with the matter at this stage.

The petition is, accordingly, dismissed.

However, dismissal of the petition shall not preclude the applicants from raising their objections before the Trial Court in Suit No. 266 of 2014.