MUKUT PHUKAN PROPRIETOR Vs. UNITED BANK OF INDIA AND 2 ORS
HIGH COURT OF GAUHATI
Mukut Phukan Proprietor
United Bank Of India And 2 Ors
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Prasanta Kumar Deka, J. -
(1.) Heard Mr. S.R. Bhattacharjee, the learned Senior Counsel assisted by Mr. R. Das, the learned counsel for the petitioner and Mr. S. Dutta, the learned Senior Counsel assisted by Mr. Sidhant Dutta, the learned counsel for the all respondents.
(2.) The present petitioner is the plaintiff in Title Suit No. 28/2013 in the Court of learned Civil Judge, Dibrugarh filed against the present respondents-defendants seeking the reliefs of declaration and for compensation. Summons were issued to the respondents who are the defendants. At that stage of the suit, the plaintiff-petitioner preferred an application under Order 23 Rule 1 (3) of the Code of Civil Procedure, 1908 (CPC) for withdrawal of the suit with a liberty to file afresh.
(3.) In order to get the relief to file the suit afresh the plaintiff-petitioner pleaded in the said petition for withdrawal that he failed to show the itemized compensation and as such a formal defect crept into the suit for which he wanted to withdraw the suit alongwith the leave to file it afresh. The present respondents filed their objection thereby objecting against the contentions made in the said petition of the plaintiff-petitioner. The learned court below vide its impugned order dated 31.08.2013 allowed the said application for withdrawal but without the leave for filing the suit afresh. While passing the impugned order the learned Court below held that the law is settled. Withdrawal of suit with leave to file it afresh can be allowed only when it appears to the court that the suit must fail by reason of some formal defects or there are sufficient grounds for allowing the plaintiff to institute a fresh suit. The learned court below also held its findings that no such grounds are specifically averred by the plaintiff-petitioner. Being aggrieved the petitioner is before this court by filing this revision petition.;
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