Code of Civil Procedure, 1908–Order 23, Rule 1–Order of allowing the application–Under challenge–Plaintiff was permitted to partial abandonment of the claim as specified in application without granting any leave to file a fresh suit–Merely because the issue of court fees had been framed, it would not be considered as a legal impediment in allowing such application–Petitioner-defendant failed to explain that how he is aggrieved by the impugned order and what prejudice/injury would be caused to him–Held, no illegality or jurisdictional error is found in the impugned order.
