Plaintiff filed suit for permanent injunction against a private defendant seeking restraint order against his forcible dispossession. The property is a Wakf property and on lease with plaintiff. Wakf Board not impleaded party.
The defendant filed an application for rejection of plaint on the ground of suit not maintainable before civil court as only Wakf Tribunal has jurisdiction. Application dismissed.
The plaintiff then filed an application for withdrawal of suit with liberty to file fresh suit before Wakf Tribunal, inter alia, on the ground that the property being suit property and only Wakf Tribunal has the jurisdiction. The defendant opposes the application contending that res-judicata applies.
What will be the fate of the application seeking withdrawal?