Bhagwan Dass and Another vs The State of Punjab and Others

N.K. Agrawal, J.—Heard the counsel for the parties.

2.The precise question in this revision petition is that the plaintiffs had not given a notice u/s 80, Code of Civil Procedure, and, for that reason, an application was filed to withdraw the suit with permission to file a new suit on the same cause of action. From the narration recorded by the Additional Senior Sub Judge on 3.5.1995, it is apparent that the counsel for the plaintiffs wanted permission to withdraw the suit with permission to file fresh suit on the same cause of action. The learned trial Court, however, dismissed the suit as withdrawn without recording permission to file fresh suit on the same cause of action.

Since the suit was found not to be maintainable on the ground that a notice u/s 80, Code of Civil Procedure, had not been given to the State of Punjab, it was for that specific reason that the Suit was sought to be withdrawn. Therefore, there were no reasons to withhold permission for filing fresh suit on the same cause of action.

The learned counsel for the defendant-State of Punjab has informed that he has no instructions.

The plaintiffs-petitioners are, therefore, permitted to file fresh suit on the same cause of action. The petition stands disposed of accordingly.