The suit is one for prohibitory and mandatory injunction and the plaintiff as well as the defendant are siblings. The plaintiff later realised that her sister had alienated a portion of the property in favour of her son. The assignment was even prior to the suit and therefore the junction of the son of the defendant in the suit was essential. The failure to implead the son of the defendant in the suit is a formal defect falling under Order XXIII Rule 3 (a) of the Code of Civil Procedure.
2. The court below cannot be faulted with in allowing the application for withdrawing the suit under such circumstances. The court below has directed the plaintiff to pay a sum of `1,500 (Rupees One thousand five hundred only) as costs to the defendant for the inconvenience caused. I do not find any error of jurisdiction in the order impugned warranting interference in the supervisory jurisdiction.
The Original Petition fails and is dismissed.
ncd V. CHITAMBARESH JUDGE